DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Paston Pty Ltd T/A Meredith Aged Care Facility
(AG2017/2986)

MEREDITH HOUSE AGED CARE, NSWNMA, ANMF NSW BRANCH AND HSU NEW SOUTH WALES BRANCH ENTERPRISE AGREEMENT 2017

Aged care industry
COMMISSIONER SAUNDERS	MELBOURNE, 31 AUGUST 2017

Application for approval of the Meredith House Aged Care, NSWNMA, ANMF NSW Branch and HSU New South Wales Branch Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Meredith House Aged Care, NSWNMA, ANMF NSW Branch and HSU New South Wales Branch Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Paston Pty Ltd T/A Meredith Aged Care Facility.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] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[7] The Australian Nursing and Midwifery Federation, New South Wales Nurses and Midwives’ Association and Health Services Union of Australia 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 7 September 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

Paston Pty Ltd, trading as the Meredith Aged Care Facility, was the subject of an application for the approval of an enterprise agreement. The respondents included the New South Wales Nurses and Midwives' Association, the Australian Nursing and Midwifery Federation NSW Branch, and the Health Services Union New South Wales Branch. The dispute was heard in the Fair Work Commission of Australia. The primary legal issue was whether the enterprise agreement, which was proposed by the applicant, met the statutory requirements under the Fair Work Act 2009. Specifically, the court had to determine if the agreement provided for fair and reasonable terms and conditions, and if it was free from any unfair content.

The Commission examined various provisions of the proposed agreement, considering the nature of the work performed by the employees, their remuneration, and the balance of rights and obligations between the employer and employees. It assessed whether the agreement allowed for fair and reasonable terms and conditions and whether it provided adequate protections for the employees. The court also evaluated whether the agreement was genuinely negotiated and if it was free from any elements that could be considered unfair under the Act. The Commission focused on ensuring that the agreement did not unfairly disadvantage any party and that it complied with the statutory obligations for enterprise agreements.

After thorough deliberation, the Commission found that the proposed enterprise agreement met the statutory requirements. The agreement was deemed to provide for fair and reasonable terms and conditions, and it did not contain any unfair provisions. The Commission concluded that the agreement was genuinely negotiated and was in compliance with the Fair Work Act 2009. Consequently, the Fair Work Commission approved the enterprise agreement.

The final orders included the approval of the Meredith House Aged Care, NSWNMA, ANMF NSW Branch and HSU New South Wales Branch Enterprise Agreement 2017, subject to the terms and conditions set out in the agreement. The approval ensures that the agreement will be legally binding on all parties involved, governing the employment conditions and terms for the employees of the Meredith Aged Care Facility.

Paston Pty Ltd T/A Meredith Aged Care Facility

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established