DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Norfolk Island Health and Residential Aged Care Service
(AG2018/22)

NORFOLK ISLAND HEALTH AND RESIDENTIAL AGED CARE SERVICE ENTERPRISE AGREEMENT 2017-2021

Aged care industry
COMMISSIONER WILSON	MELBOURNE, 11 APRIL 2018

Application for approval of the Norfolk Island Health and Residential Aged Care Service Enterprise Agreement 2017-2021.

[1] An application has been made for approval of an enterprise agreement known as the Norfolk Island Health and Residential Aged Care Service Enterprise Agreement 2017-2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Norfolk Island Health and Residential Aged Care Service. The Agreement is a single enterprise agreement.

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

[3] Subject to the undertakings referred to above, 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, Health Services Union of Australia and 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) I note that the Agreement covers these organisations.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 April 2018. The nominal expiry date of the Agreement is 10 April 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the case of Norfolk Island Health and Residential Aged Care Service, the matter before the court involved the application for approval of the Enterprise Agreement 2017-2021. The application was lodged by the Norfolk Island Health and Residential Aged Care Service, and the Fair Work Commission was responsible for hearing and deciding on the application.

The primary legal issue that the court had to address was whether the agreement met the necessary criteria for approval under the Fair Work Act 2009. This included assessing whether the agreement facilitated the improvement of workplace relations, provided appropriate mechanisms for resolving disputes, and adhered to the principles of good faith bargaining and procedural fairness. Additionally, the court examined if the agreement was made in accordance with the prescribed bargaining processes and if it complied with relevant provisions of the Act.

The Fair Work Commission deliberated on the various aspects of the agreement and concluded that the Norfolk Island Health and Residential Aged Care Service Enterprise Agreement 2017-2021 did indeed meet the necessary criteria for approval. The Commission found that the agreement was fair and reasonable, and it facilitated improved workplace relations by providing for appropriate mechanisms to resolve disputes and addressing key issues such as wages, hours of work, and other conditions of employment. The Commission also determined that the agreement was made in accordance with the prescribed bargaining processes and adhered to the principles of good faith bargaining and procedural fairness. Ultimately, the Fair Work Commission approved the Enterprise Agreement 2017-2021 for the Norfolk Island Health and Residential Aged Care Service.

Norfolk Island Health and Residential Aged Care Service

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established