DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Pennant Hills Aged Care Facility Pty Ltd
(AG2017/2849)

PENNANT HILLS AGED CARE FACILITY PTY LTD, NSWNMA, ANMF NSW BRANCH AND HSU NEW SOUTH WALES BRANCH ENTERPRISE AGREEMENT 2017

Aged care industry
COMMISSIONER SAUNDERS	MELBOURNE, 5 SEPTEMBER 2017

Application for approval of the Pennant Hills Aged Care Facility Pty Ltd, 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 Pennant Hills Aged Care Facility Pty Ltd, 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 Pennant Hills Aged Care Facility Pty 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] 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 12 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

The applicant, Pennant Hills Aged Care Facility Pty Ltd, applied to the Fair Work Commission for approval of an enterprise agreement. The respondents to the application were the NSW Nurses and Midwives' Association, the Australian Nursing and Midwifery Federation NSW Branch, and the Health Services Union New South Wales Branch. The Commission was required to determine whether the agreement contained the essential elements required by the Fair Work Act 2009 and whether it was in the best interests of the employees and employers. The Commission found that the agreement contained the essential elements and was in the best interests of the employees and employers. The Commission approved the agreement and made an order approving the agreement.

The main legal issue before the Commission was whether the agreement contained the essential elements required by the Fair Work Act 2009. The Commission found that the agreement contained all the essential elements, including a term for the duration of the agreement, a term for the classification and rates of pay of employees, a term for the payment of allowances, and a term for the payment of superannuation. The Commission also found that the agreement contained a term for the protection of employees' personal information, which was an essential element under the Act.

The Commission considered the interests of the employees and employers in determining whether the agreement was in their best interests. The Commission found that the agreement provided for a fair and reasonable outcome for both parties. The agreement provided for a tiered pay structure that recognised the skills and experience of employees, and provided for a range of benefits, including paid leave, superannuation, and access to professional development. The agreement also provided for a range of protections for employees, including protections against unfair dismissal and protections for employees who were required to work unsociable hours. The Commission was satisfied that the agreement was in the best interests of the employees and employers.

Pennant Hills Aged Care Facility Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established