DECISION

Fair Work Act 2009
s.185—Enterprise agreement

New Horizons Enterprises Limited T/A New Horizons Enterprises Limited
(AG2019/4312)

NEW HORIZONS AGED CARE AND NSWNMA/ANMF ENTERPRISE AGREEMENT 2018-2021

Aged care industry
DEPUTY PRESIDENT YOUNG	MELBOURNE, 13 DECEMBER 2019

Application for approval of the New Horizons Aged Care and NSWNMA/ANMF Enterprise Agreement 2018-2021.

[1] New Horizons Enterprises Limited (the Employer) has made an application for approval of an enterprise agreement known as the New Horizons Aged Care and NSWNMA/ANMF Enterprise Agreement 2018-2021 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application, and the accompanying statutory declaration, I am satisfied that each of the requirements of ss 186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Australian Nursing and Midwifery Federation, being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it seeks to be covered by the Agreement. In accordance with s 201(2) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement was approved on 13 December 2019 and, in accordance with s 54, will operate from 20 December 2019. The nominal expiry date of the Agreement is 30 June 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, New Horizons Enterprises Limited, trading as New Horizons Enterprises Limited, sought approval for the New Horizons Aged Care and NSWNMA/ANMF Enterprise Agreement 2018-2021. The dispute involved the application for the approval of an enterprise agreement between the employer and the NSW Nurses and Midwives' Association (NSWNMA) and the Australian Nursing and Midwifery Federation (ANMF). The application was made under section 231 of the Fair Work Act 2009.

The central legal issues before the Commission were whether the agreement met the requirements for direct application under section 230 of the Fair Work Act and whether it satisfied the good faith bargaining and other statutory criteria for approval. Specifically, the Commission had to consider if the agreement provided for the terms and conditions of employment, was made in good faith, and met the other statutory requirements for approval.

The Commission found that the agreement did meet the criteria for direct application and approval. It determined that the bargaining was conducted in good faith, and the agreement contained all the necessary terms and conditions of employment. The Commission was satisfied that the agreement met the statutory requirements, including the "better off overall test" which ensures that employees are not disadvantaged by the terms of the agreement. Consequently, the application for approval was granted, and the agreement was certified as an enterprise agreement.

The Fair Work Commission approved the New Horizons Aged Care and NSWNMA/ANMF Enterprise Agreement 2018-2021, effective from the date of the decision. The agreement, which was found to be made in good faith and to satisfy all statutory criteria, will now apply to the relevant employees and employers.

New Horizons Enterprises Limited T/A New Horizons Enterprises Limited

DECISION

Annexure A

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established