DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Plateau View Aged Care Pty Ltd
(AG2017/3960)

PLATEAU VIEW AGED CARE PTY LTD, NSWNMA, ANMF NSW BRANCH AND HSU NEW SOUTH WALES BRANCH ENTERPRISE AGREEMENT 2017

Aged care industry
COMMISSIONER SAUNDERS	NEWCASTLE, 15 SEPTEMBER 2017

Application for approval of the Plateau View Aged Care 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 Plateau View Aged Care 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 Plateau View Aged Care Pty Ltd T/A Plateau View Aged Care.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 22 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

Plateau View Aged Care Pty Ltd, along with several unions, applied to the Fair Work Commission for the approval of their Enterprise Agreement 2017. The unions involved 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 application was contested by the employer, who raised objections regarding certain provisions of the agreement.

The central legal issues before the Commission were whether the Enterprise Agreement met the formal requirements for approval under the Fair Work Act 2009 and whether the agreement contained terms that were against the public interest. Specifically, the employer questioned whether the agreement sufficiently protected the interests of the employer and the employees in terms of procedural fairness and whether certain provisions were contrary to public policy or the public interest.

In addressing the issues, the Commission first considered the formal requirements of the Fair Work Act. It found that the application met the necessary criteria, including proper consultation and the provision of requisite documents. Regarding the substantive terms, the Commission examined whether the agreement contained terms that were against the public interest, such as those that might compromise workplace safety, procedural fairness, or other public policy considerations. After a detailed analysis, the Commission determined that the agreement did not contain any terms that were contrary to the public interest and approved the Enterprise Agreement.

The Fair Work Commission approved the Plateau View Aged Care Pty Ltd Enterprise Agreement 2017, resolving the application in favour of the unions and the employer. The decision confirmed that the agreement was properly formulated and met the legal standards required for approval.

Plateau View Aged Care 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