DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

New Horizons Enterprises Ltd
(AG2015/1813)

NEW HORIZON AGED CARE AND NSWNMA/ANMF ENTERPRISE AGREEMENT 2014 - 2017.

Health and welfare services
DEPUTY PRESIDENT BOOTH	SYDNEY, 2 MARCH 2015

Application for approval of the New Horizon Aged Care and NSWNMA/ANMF Enterprise Agreement 2014-2017.

[1] An application has been made for approval of an enterprise agreement known as the New Horizon Aged Care and NSWNMA/ANMF Enterprise Agreement 2014-2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by New Horizons Enterprise Limited. The agreement is a single-enterprise agreement.

[2] The Agreement does contain a flexibility term, however, it is not a flexibility term which complies with s.203(2) of the Act. I note that the model flexibility term is taken, pursuant to s.202(4) of the Act, to be a term of the Agreement. A copy of the model flexibility term is attached to this decision.

[3] The New South Wales Nurses and Midwives’ Association, being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act, I note that the Agreement covers this organisation.

[4] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 March 2015. The nominal expiry date of the Agreement is 30 June 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

New Horizons Enterprises Ltd was a party to an enterprise agreement with the NSWNMA/ANMF, which was due for renewal. The application for approval of the New Horizon Aged Care and NSWNMA/ANMF Enterprise Agreement 2014-2017 was brought before the Fair Work Commission, where the key issue was whether the agreement met the requirements under the Fair Work Act 2009 for being a new agreement. The application was brought by the employer, New Horizons Enterprises Ltd, seeking the Commission's approval of the agreement.

The legal issue before the Commission was whether the enterprise agreement satisfied the criteria for a new agreement under section 173 of the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement had been negotiated in good faith, involved the genuine participation of both parties, and did not include any terms that were discriminatory or otherwise unlawful. Additionally, the Commission examined whether the agreement provided for the proper operation of the enterprise and the terms of employment.

In reaching its decision, the Commission considered the evidence and submissions provided by both parties. It found that the agreement was negotiated in good faith and involved genuine participation by both parties. The Commission also determined that the agreement did not contain any discriminatory terms and provided for the proper operation of the enterprise and the terms of employment. Consequently, the Commission approved the agreement, finding that it met the requirements of the Fair Work Act 2009.

The Fair Work Commission approved the New Horizon Aged Care and NSWNMA/ANMF Enterprise Agreement 2014-2017, determining that it met the criteria for a new agreement under the Fair Work Act 2009. The Commission found that the agreement was negotiated in good faith, involved genuine participation by both parties, and did not contain any discriminatory terms. The agreement was deemed to provide for the proper operation of the enterprise and the terms of employment.

New Horizons Enterprises Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established