DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Our Lady of Consolation Aged Care & Services Ltd
(AG2017/5566)

THE OLOC, NSWNMA AND HSU NSW ENTERPRISE AGREEMENT 2017-2020

Aged care industry
COMMISSIONER SAUNDERS	NEWCASTLE, 19 DECEMBER 2017

Application for approval of the OLOC, NSWNMA and HSU NSW Enterprise Agreement 2017-2020.

[1] An application has been made for approval of an enterprise agreement known as the OLOC, NSWNMA and HSU NSW Enterprise Agreement 2017-2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Our Lady of Consolation Aged Care & Services Ltd. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings (the 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.

[5] Subject to the Undertakings, 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.

[6] The Agreement lodged as part of the application for approval contained an error at page 82. On 19 December 2017, the Applicant filed an amended version of the Agreement pursuant to s.586 of the Act, correcting the error at page 82. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.

[7] The Health Services Union of Australia, the NSW Nurses and Midwives’ Association and the Australian Nursing and Midwifery Federation being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[8] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 December 2017. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission concerned an application by Our Lady of Consolation Aged Care & Services Ltd for the approval of the OLOC, NSWNMA and HSU NSW Enterprise Agreement 2017-2020. This dispute centred on whether the terms of the proposed enterprise agreement complied with the statutory requirements and whether it met the necessary standards for approval under the Fair Work Act 2009. The Commission was tasked with determining if the agreement provided for the fair and efficient resolution of workplace issues while ensuring compliance with the relevant legislative provisions.

The legal issues addressed by the Commission involved the interpretation and application of various sections of the Fair Work Act, particularly those relating to the fairness test and the good faith bargaining requirement. Key among these was the obligation to assess whether the agreement facilitated the efficient and effective resolution of workplace issues and if it included provisions that were consistent with the broader objectives of the Act. The Commission also considered whether the agreement met the standards for a new enterprise agreement, including whether it had been negotiated in good faith and if it included provisions that were fair and reasonable.

In rendering its decision, the Commission meticulously examined the proposed agreement against the statutory benchmarks. The Commission acknowledged the complexity of the agreement and the need for a balanced approach that respected the rights of both employers and employees. It found that the agreement provided for the efficient resolution of workplace issues and contained provisions that were fair and reasonable. The Commission determined that the agreement met the statutory requirements and, therefore, approved the OLOC, NSWNMA and HSU NSW Enterprise Agreement 2017-2020. The Commission's decision was grounded in a comprehensive analysis of the agreement's provisions and their alignment with the legislative framework.

Our Lady of Consolation Aged Care & Services Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established