DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Our Lady Of Consolation Aged Care Services Ltd
(AG2014/9651)

OLOC, NSWNMA AND HSU NSW ENTERPRISE AGREEMENT 2014 - 2017.

Aged care industry
DEPUTY PRESIDENT BOOTH	SYDNEY, 2 DECEMBER 2014

Application for approval of the OLOC, NSWNMA and HSU NSW Enterprise Agreement 2014 - 2017.

[1] An application has been made for approval of an enterprise agreement known as the OLOC, NSWNMA and HSU NSW Enterprise Agreement 2014 - 2017 (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 Health Services Union New South Wales Branch, the New South Wales Branch of the Australian Nursing and Midwifery Federation and the New South Wales Nurses and Midwives’ Association, 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) of the Act, I note that the Agreement covers these organisations.

[3] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 December 2014. The nominal expiry date of the Agreement is 30 June 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Federal Court of Australia, the matter of Our Lady of Consolation Aged Care Services Ltd and the NSW Nurses and Midwives' Association Health Services Union NSW was presented. The applicants sought approval of the Enterprise Agreement between the parties and the Health Services Union NSW for the period of 2014 to 2017. The legal issues before the court involved whether the agreement met the necessary requirements under the Fair Work Act 2009 for it to be certified and approved by the Fair Work Commission.

The court examined whether the agreement was a genuine enterprise agreement, as defined by the Act, and whether it was made in good faith. This included assessing whether the agreement was formed without any coercion or improper influence. Additionally, the court considered whether the agreement was fair and reasonable, taking into account the interests of both the employees and the employer. The court needed to determine if the agreement provided for proper dispute resolution mechanisms and if it complied with the procedural requirements of the Act.

The court found that the Enterprise Agreement satisfied the criteria for approval. It was determined that the agreement was genuine, made in good faith, and was fair and reasonable. The court was satisfied that the agreement was formed without any improper influence and that it provided for adequate dispute resolution mechanisms. The procedural requirements of the Act were also met. Consequently, the court approved the agreement, allowing it to be registered with the Fair Work Commission.

The final orders of the court were that the application for the approval of the Enterprise Agreement between Our Lady of Consolation Aged Care Services Ltd, the NSW Nurses and Midwives' Association, and the Health Services Union NSW for the period 2014 to 2017 be granted. The agreement was to be registered with the Fair Work Commission, and the applicants were entitled to the relief sought in their application.

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