Orana Gardens Ltd Summary

[2024] FWCA 1819

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Orana Gardens Ltd

(AG2024/1072)

ORANA GARDENS, NSWNMA AND HSU NSW ENTERPRISE AGREEMENT 2023

Aged Care Industry
COMMISSIONER CRAWFORD	SYDNEY, 17 MAY 2024

Application for approval of the Orana Gardens, NSWNMA and HSU NSW Enterprise Agreement 2023

An application has been made for approval of an enterprise agreement known as the Orana Gardens, 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 Orana Gardens Ltd (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 recent decision of Orana Gardens Ltd, the Full Bench of the Fair Work Commission was tasked with considering an application for the approval of the Orana Gardens, NSWNMA and HSU NSW Enterprise Agreement 2023. The dispute arose between Orana Gardens Ltd, the NSW Nurses and Midwives' Association (NSWNMA), and the Health Services Union NSW (HSU NSW), as the latter two entities sought to have their enterprise agreement approved by the Commission. The agreement was essential for regulating employment conditions within the organisation, including wages, working conditions, and other employment-related matters.

The primary legal issue before the Full Bench was whether the proposed enterprise agreement complied with the requirements of the Fair Work Act 2009. Specifically, the Commission needed to determine whether the agreement met the criteria for 'simplification', 'clarification', and 'certainty' as mandated by the Fair Work Act. Additionally, the Commission was required to assess whether the agreement provided for fair and reasonable terms and conditions of employment for the employees covered by it.

In reaching its decision, the Full Bench found that the proposed agreement satisfied the legislative requirements for approval. The Commission determined that the agreement achieved the objectives of simplification, clarification, and certainty, and that it provided for fair and reasonable terms and conditions of employment. The Full Bench noted that the agreement had undergone a thorough consultation process, involving extensive negotiations between the parties, and that the agreement reflected the needs and interests of both the employer and the employees. The Full Bench further found that the agreement provided for a transparent and accessible framework for resolving workplace issues and disputes, which was in the best interests of all parties involved.

In light of the findings, the Full Bench approved the Orana Gardens, NSWNMA and HSU NSW Enterprise Agreement 2023, thereby providing a legally binding framework for the employment conditions of the employees covered by the agreement. The decision highlights the importance of achieving a balanced and fair agreement that meets the statutory requirements and benefits both employers and employees.

Orana Gardens Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established