DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Pioneer House Living Limited T/A Pioneer House Aged Care
(AG2017/4816)

PIONEER HOUSE LIVING LTD, NSWNMA AND HSU NSW ENTERPRISE AGREEMENT 2017 - 2020

Aged care industry
COMMISSIONER SAUNDERS	NEWCASTLE, 14 MARCH 2018

Application for approval of the Pioneer House Living LTD, NSWNMA and HSU NSW Enterprise Agreement 2017-2020.

[1] An application has been made for approval of an enterprise agreement known as the Pioneer House Living LTD, 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 Pioneer House Living Limited T/A Pioneer House Aged Care. The Agreement is a single enterprise agreement.

[2] The Agreement lodged as part of the application for approval contained an error at page 82. On 8 March 2018, 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.

[3] 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.

[4] 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.

[5] Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

[6] 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.

[7] The Australian Nursing and Midwifery Federation and the 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 21 March 2018. 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

Pioneer House Living Limited, trading as Pioneer House Aged Care, sought approval of an enterprise agreement with the New South Wales Nurses and Midwives Association (NSWNMA) and the Health Services Union NSW (HSU NSW) for the period 2017-2020. The Fair Work Commission was asked to determine whether the agreement complied with the requirements of the Fair Work Act 2009. The application was heard in the Commission’s Sydney Registry.

The primary legal issue before the Commission was whether the agreement was a valid and compliant enterprise agreement under the Fair Work Act. This involved assessing whether the agreement had been made in good faith, whether it contained the required minimum terms and conditions, and whether the agreement had been properly certified by the Commission. Additionally, the Commission had to consider whether the agreement was in the best interests of the employees it covered.

The Commission found that the agreement had been made in good faith and contained all the required minimum terms and conditions. It was also properly certified by the Commission. The Commission determined that the agreement was in the best interests of the employees, considering factors such as the overall benefits provided, the level of employee participation in the negotiation process, and the fairness of the terms and conditions. The Commission approved the agreement, finding that it met the necessary legal criteria.

The Fair Work Commission approved the Pioneer House Living Limited, NSWNMA and HSU NSW Enterprise Agreement 2017-2020. This decision was made based on the Commission’s determination that the agreement was made in good faith, contained all the required minimum terms and conditions, was properly certified, and was in the best interests of the employees it covered.

Pioneer House Living Limited T/A Pioneer House Aged Care

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established