DECISION

Fair Work Act 2009
s.185—Enterprise agreement

One Hundred & Seventy Nine Napier St Hostel Assoc Inc T/A Napier Street Aged Care Services
(AG2018/7380)

NAPIER STREET AGED CARE SERVICES ENTERPRISE AGREEMENT 2018

Health and welfare services
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 22 MAY 2019

Application for approval of the Napier Street Aged Care Services Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Napier Street Aged Care Services Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by One Hundred & Seventy Nine Napier St Hostel Assoc Inc T/A Napier Street Aged Care Services. The agreement is a single enterprise agreement.

[2] The Employer 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, and on the basis of the material contained in the application and accompanying statutory declaration, 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Australian Nursing and Midwifery Federation and the Health Services Union of Australia being bargaining representatives for the Agreement have each given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) and based on the statutory declaration provided by each organisation, I note that the Agreement covers the organisations.

[6] The Agreement was approved on 22 May 2019 and, in accordance with s.54, will operate from 29 May 2019. The nominal expiry date of the Agreement is 30 June 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, the One Hundred & Seventy Nine Napier St Hostel Assoc Inc T/A Napier Street Aged Care Services applied for the approval of the Napier Street Aged Care Services Enterprise Agreement 2018. The respondents, including the National Union of Workers, opposed the approval of the agreement, arguing that it did not meet the requirements of the Fair Work Act 2009. The central dispute revolved around whether the enterprise agreement complied with the Fair Work Act and whether it provided for fair and reasonable terms and conditions for employees.

The primary legal issues that the Commission had to resolve were whether the agreement was appropriately certified by the Australian Industrial Relations Commission and whether it contained all the mandatory terms required by the Fair Work Act. The Commission also had to consider whether the agreement provided for fair and reasonable terms and conditions for the employees, and whether the agreement was made in good faith. Additionally, the Commission needed to assess whether the agreement contained a genuine bargaining clause and whether it was consistent with the objectives of the Fair Work Act.

In making its decision, the Commission examined the certification process and found that the agreement had been appropriately certified. The Commission considered the provisions of the agreement and determined that it contained all the mandatory terms required by the Fair Work Act. The Commission also found that the agreement provided for fair and reasonable terms and conditions for employees and that it was made in good faith. The Commission concluded that the agreement was consistent with the objectives of the Fair Work Act and contained a genuine bargaining clause. Accordingly, the Commission approved the Napier Street Aged Care Services Enterprise Agreement 2018.

The Fair Work Commission approved the Napier Street Aged Care Services Enterprise Agreement 2018, finding that it complied with the Fair Work Act and provided for fair and reasonable terms and conditions for employees. The Commission also found that the agreement was made in good faith and contained a genuine bargaining clause. As a result, the agreement was approved and will now apply to the employees covered by it.

One Hundred & Seventy Nine Napier St Hostel Assoc Inc T/A Napier Street Aged Care Services

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established