DECISION

Fair Work Act 2009
s.185—Enterprise agreement

PCC Employment Lawyers
(AG2018/1560)

ROYAL FAR WEST AND THE HEALTH SERVICES UNION NSW BRANCH, THE NSWNMA AND THE ANMF (NSW BRANCH) ENTERPRISE AGREEMENT 2017 - 2021

Health and welfare services
COMMISSIONER MCKENNA	SYDNEY, 6 AUGUST 2018

Application for approval of the ROYAL FAR WEST and the Health Services Union NSW Branch, the NSWNMA and the ANMF (NSW Branch) ENTERPRISE AGREEMENT 2017-2021.

[1] An application has been made for the approval of an enterprise agreement known as the ROYAL FAR WEST and the Health Services Union NSW Branch, the NSWNMA and the ANMF (NSW Branch) ENTERPRISE AGREEMENT 2017-2021 (“the Agreement”). The application was made by Helen Carter of PCC Employment Lawyers, as the employer’s bargaining representative, pursuant to s.185 of the Fair Work Act 2009 (“the Act”). The Agreement is a single-enterprise agreement.

[2] I am satisfied that the relevant requirements of ss. 186, 187, 188 and 190 of the Act relevant to this application for approval have been met with the provision of written undertakings addressing miscellaneous matters (separately, the undertakings also address cashing-out of annual leave, but only for clarification). The views of all employee bargaining representatives were sought in relation to the undertakings. A copy of the undertakings is attached to this decision and marked “Annexure A”. I note that, under s.191 of the Act, the undertakings are taken to be terms of the Agreement.

[3] The Health Services Union NSW Branch and the Australian Nursing and Midwifery Federation – New South Wales Branch have given notice under s.183 of the Act that they wish to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers the organisations.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this approval decision. The nominal expiry date of the Agreement is 31 July 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved an application by three unions, the Royal Far West, Health Services Union NSW Branch, the NSW Nurses and Midwives' Association, and the Australian Nursing and Midwifery Federation (NSW Branch), for the approval of the Enterprise Agreement 2017-2021. The application was heard in the Fair Work Commission. The unions sought to have the agreement recognised and enforced, following the conclusion of negotiations with the employer.

The legal issues before the Commission related to whether the agreement met the requirements for approval under the Fair Work Act 2009. Specifically, the Commission had to consider whether the agreement complied with the good faith bargaining provisions, provided for the protection of employees' rights, and was in the best interests of the employees. The Commission also had to determine whether the agreement provided for the fair and equitable treatment of employees and was not detrimental to the public interest.

The Commission found that the agreement met the requirements for approval under the Fair Work Act. The Commission noted that the agreement had been negotiated in good faith and provided for the protection of employees' rights. The Commission also found that the agreement was in the best interests of the employees and provided for their fair and equitable treatment. The Commission was satisfied that the agreement did not have any detrimental effects on the public interest. The Commission approved the agreement, finding that it met the necessary legal standards and was appropriate for enforcement.

The Fair Work Commission approved the Enterprise Agreement 2017-2021, finding that it met the requirements for approval under the Fair Work Act. The Commission determined that the agreement had been negotiated in good faith and provided for the protection of employees' rights. The Commission also found that the agreement was in the best interests of the employees and provided for their fair and equitable treatment. The Commission was satisfied that the agreement did not have any detrimental effects on the public interest. The agreement was approved and is now enforceable under the Fair Work Act.

PCC Employment Lawyers

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established