Pioneer House Living Ltd T/A Pioneer House Aged Care Summary

[2014] FWCA 8440

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Pioneer House Living Ltd T/A Pioneer House Aged Care
(AG2014/9596)

PIONEER HOUSE LIVING LTD, NSWNMA AND HSU NSW ENTERPRISE AGREEMENT 2014 - 2017.

Aged care industry
DEPUTY PRESIDENT BOOTH	SYDNEY, 25 NOVEMBER 2014

Application for approval of the Pioneer House Living Ltd, NSWNMA and HSU NSW Enterprise Agreement 2014-2017.

[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 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 Pioneer House Living Ltd T/A Pioneer House Aged Care. 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 2 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

The applicants, Pioneer House Living Ltd, the NSW Nurses and Midwives' Association, and the Health Services Union NSW, sought approval of their Enterprise Agreement 2014-2017 from the Fair Work Commission. The agreement, which was intended to regulate the employment terms and conditions of aged care workers, was contested by the employer who argued it should not be approved due to non-compliance with specific statutory requirements. The Fair Work Commission was tasked with determining whether the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The central legal issue before the Commission was whether the enterprise agreement complied with the statutory requirements for approval, specifically focusing on whether it met the "better off overall test" under section 231 of the Fair Work Act. This test requires that employees be no worse off financially and at least as well off in relation to non-financial terms compared to their previous conditions. Additionally, the Commission needed to consider whether the agreement adhered to the procedural requirements, including adequate consultation and the provision of necessary documents to employees.

The Fair Work Commission found that the enterprise agreement was procedurally sound, having been negotiated in good faith and with adequate consultation. It further determined that the agreement met the "better off overall test," as employees would not be worse off financially and would benefit from improved non-financial terms. The Commission concluded that the agreement provided sufficient protections and benefits, thereby satisfying the statutory requirements for approval. Consequently, the Commission approved the agreement, acknowledging its compliance with the necessary legislative standards.

As a result of the Commission's decision, the Pioneer House Living Ltd, NSWNMA, and HSU NSW Enterprise Agreement 2014-2017 was approved and came into effect. This outcome ensured that the terms and conditions set forth in the agreement would govern the employment relationship between the employer and the employees, providing them with the protections and benefits outlined in the approved agreement.

Pioneer House Living Ltd T/A Pioneer House Aged Care

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established