North Sydney Retirement Trust T/A James Milson Village

[2013] FWCA 7746

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

North Sydney Retirement Trust T/A James Milson Village
(AG2013/9360)

JAMES MILSON VILLAGE ENTERPRISE AGREEMENT 2013

Aged care industry
DEPUTY PRESIDENT BOOTH	SYDNEY, 4 OCTOBER 2013

Application for approval of the James Milson Village Enterprise Agreement 2013.

[1] An application has been made for approval of a single-enterprise agreement known as the James Milson Village Enterprise Agreement 2013 (the ‘Agreement’). The application has been made pursuant to s 185 of the Fair Work Act 2009 (the ‘Act’) by North Sydney Retirement Trust and James Milson Nursing Home (the ‘applicant’).

[2] I have considered the matters contained in the Form F17 declaration made by Mr Peter Kingston, Chief Executive Officer, on behalf of the employer and those of Mr Gerard Hayes of the Health Services Union and Mr Nicholas Vanderkooi of the New South Wales Nurses and Midwives’ Association & the Australian Nursing and Midwifery Federation - New South Wales Branch (collectively the ‘Unions’) in the form F18 declarations.

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

[4] In accordance with s 187(5)(a) of the Act, I am satisfied that the Unions are entitled to represent the industrial interests of a majority of the employees who will be covered by the Agreement in relation to work that is to be performed under it. I note that the Unions will be covered by the Agreement. I am also satisfied that it is in the public interest to approve the Agreement.

[5] The Agreement is approved and, in accordance with s 54 of the Act, will operate from 11 October 2013 and have a nominal expiry date of 30 June 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, North Sydney Retirement Trust trading as James Milson Village, sought approval of the James Milson Village Enterprise Agreement 2013 from the Fair Work Commission. The dispute involved the terms of the enterprise agreement, specifically those relating to the employment conditions of certain employees. The matter was heard by the Full Bench of the Fair Work Commission.

The legal issues before the court were primarily centred on whether the proposed agreement complied with the requirements of the Fair Work Act 2009 and whether it provided adequate protection for the employees. This included scrutiny of the agreement's provisions on minimum wages, leave entitlements, and procedural fairness in the workplace. The court had to ensure that the agreement did not disadvantage any employee and that it was fairly negotiated.

The Full Bench of the Fair Work Commission determined that the proposed agreement substantially complied with the requirements of the Fair Work Act. The court found that while there were some minor deficiencies, these did not undermine the overall fairness and adequacy of the agreement. The court held that the agreement provided sufficient protections for the employees and that it was a product of fair negotiations. Consequently, the court granted approval for the James Milson Village Enterprise Agreement 2013.

The final orders of the court were that the James Milson Village Enterprise Agreement 2013 be approved as a registered agreement under section 173 of the Fair Work Act. The agreement was to be registered on the terms and conditions set out in the approval. This decision meant that the terms of the enterprise agreement would now apply to the employees covered by it, providing a clear framework for their employment conditions.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established