DECISION

Fair Work Act 2009
s.185—Enterprise agreement

North Sydney Retirement Trust T/A James Milson Nursing Home
(AG2021/5408)

JAMES MILSON VILLAGE ENTERPRISE AGREEMENT 2021

Aged care industry
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 24 JUNE 2021

Application for approval of the James Milson Village Enterprise Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the James Milson Village Enterprise Agreement 2021 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings (Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[3] The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

[4] Pursuant to subsection 190(3) of the Act, I accept the Undertakings. The Undertakings are taken to be a term of the Agreement.

[5] Subject to the Undertakings, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 as are relevant to this application for approval have been met.

[6] The Health Services Union being a bargaining representative for the Agreement, has given notice under section 183 of the Act that it wants the Agreement to cover it. In accordance with subsection 201(2) of the Act, I note that the Agreement covers the organisation.

[7] The Australian Nursing and Midwifery Federation being a bargaining representative for the Agreement, has given notice under section 183 of the Act that it wants the Agreement to cover it. In accordance with subsection 201(2) of the Act, I note that the Agreement covers the organisation.

[8] The Agreement is approved and, in accordance with section 54 of the Act, will operate from 1 July 2021. The nominal expiry date of the Agreement is 30 June 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the court was an application by North Sydney Retirement Trust T/A James Milson Nursing Home for the approval of the James Milson Village Enterprise Agreement 2021. The application was brought before the Fair Work Commission, which was required to determine whether the agreement complied with the relevant provisions of the Fair Work Act 2009. The dispute centred on various terms and conditions set out in the proposed agreement, including pay rates, leave entitlements, and dispute resolution mechanisms.

The legal issues before the Commission involved assessing the fairness and compliance of the proposed agreement with the statutory requirements under the Fair Work Act. Specifically, the Commission had to determine whether the agreement met the "better off overall test", which required that the employees be no worse off financially and at least as well off in other respects. Furthermore, the Commission needed to ensure that the agreement provided for appropriate mechanisms for the resolution of workplace disputes and that it did not contain any terms that were contrary to public policy.

In delivering its decision, the Commission carefully examined the provisions of the proposed agreement, considering submissions from both the applicant and the employees' representatives. The Commission found that the agreement met the better off overall test and contained appropriate mechanisms for dispute resolution. The Commission also concluded that none of the terms were contrary to public policy. Accordingly, the Commission approved the James Milson Village Enterprise Agreement 2021, finding it to be fair and compliant with the statutory requirements. The approval of the agreement ensures that the terms and conditions set out in the agreement will apply to the employees of the James Milson Nursing Home from the effective date of the agreement.

North Sydney Retirement Trust T/A James Milson Nursing Home

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established