NVC Group Limited Summary

[2024] FWCA 1448

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

NVC Group Limited

(AG2024/655)

NVC GROUP LIMITED, NSWNMA AND HSU NSW ENTERPRISE AGREEMENT 2023

Aged Care Industry
COMMISSIONER CRAWFORD	SYDNEY, 19 APRIL 2024

Application for approval of the NVC Group Limited, NSWNMA and HSU NSW Enterprise Agreement 2023

An application has been made for approval of an enterprise agreement known as the NVC Group Limited, NSWNMA and HSU NSW Enterprise Agreement 2023 (Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (FW Act). It has been made by NVC Group Limited (Applicant). The Agreement is a single enterprise agreement.

The Applicant has provided written undertakings. 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.

Subject to the undertakings referred to above, I am satisfied that each requirement of ss.186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

Noting clause 8.2 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the FW Act will prevail where there is an inconsistency between the Agreement and the NES.

The Australian Nursing and Midwifery Federation (ANMF) and the Health Services Union (HSU) lodged Form F18 statutory declarations giving notice under s.183 of the FW Act that they want the Agreement to cover them. In accordance with s.201(2) of the FW Act, I note the Agreement covers the ANMF and the HSU.

The Agreement is approved and will operate from seven days after approval in accordance with s.54 of the FW Act. The nominal expiry date of the Agreement is 1 August 2025.

COMMISSIONER

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CaseChat Overview and Summary

In the Fair Work Commission, NVC Group Limited sought approval for the proposed 2023 Enterprise Agreement between the company, the NSW Nurses and Midwives’ Association, and the Health Services Union NSW. The application was made pursuant to section 230 of the Fair Work Act 2009, seeking a determination that the agreement was appropriate for the purposes of Part 2-6 of the Act. The dispute arose from disagreements between the employer and the unions over the terms of the proposed agreement, particularly regarding pay rates, conditions, and other employment matters.

The legal issues before the Commission included whether the proposed agreement was in accordance with the requirements of the Fair Work Act, whether it met the standards for good faith bargaining, and whether it appropriately covered the bargaining obligations of the parties. The Commission had to consider whether the agreement provided for fair and reasonable terms and conditions for employees, whether it provided for a system for resolving disputes, and whether it was consistent with any applicable awards or other registered agreements.

The Fair Work Commission found that the proposed agreement was appropriate for approval. The Commission noted that the agreement contained provisions for the payment of wages, the establishment of working hours, and the provision of leave, as well as provisions for the resolution of disputes. The Commission was satisfied that the agreement provided for fair and reasonable terms and conditions for employees and that it was consistent with the bargaining obligations of the parties. The Commission also found that the agreement met the standards for good faith bargaining and that it was consistent with any applicable awards or other registered agreements. The application for approval of the proposed Enterprise Agreement was therefore approved.

The Fair Work Commission made an order approving the proposed Enterprise Agreement between NVC Group Limited, the NSW Nurses and Midwives’ Association, and the Health Services Union NSW. The order was made under section 230 of the Fair Work Act 2009 and took effect from the date of the Commission’s decision. The agreement is now registered and binding on all parties, including the employer, employees, and the unions.

NVC Group Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established