DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Port Stephens Veterans and Citizens Aged Care Ltd T/A Harboursidehaven
(AG2017/5046)

THE PORT STEPHENS VETERANS & CITIZENS AGED CARE LTD, NSWNMA AND HSU NSW ENTERPRISE AGREEMENT 2017 - 2020

Aged care industry
COMMISSIONER SAUNDERS	NEWCASTLE, 9 FEBRUARY 2018

Application for approval of the Port Stephens Veterans & Citizens Aged Care Ltd, NSWNMA and HSU NSW Enterprise Agreement 2017-2020.

[1] An application has been made for approval of an enterprise agreement known as the Port Stephens Veterans & Citizens Aged Care 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 Port Stephens Veterans and Citizens Aged Care Ltd T/A Harboursidehaven. 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 6 February 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 16 February 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

In the Federal Circuit Court of Australia, Port Stephens Veterans and Citizens Aged Care Ltd T/A Harboursidehaven applied for approval of their enterprise agreement. The application was made under the Fair Work Act 2009. The agreement in question was entered into between the Port Stephens Veterans and Citizens Aged Care Ltd, the NSW Nurses and Midwives Association (NSWNMA), and the Health Services Union NSW (HSU NSW). The dispute centred on whether the agreement met the necessary criteria for approval as stipulated in the Fair Work Act.

The legal issues before the court involved assessing whether the enterprise agreement was free from prohibited content, whether it was fairly negotiated, and whether it included appropriate provisions for employee protection and flexibility. Additionally, the court had to determine if the agreement provided for adequate dispute resolution mechanisms and whether it adhered to the good faith bargaining requirements outlined in the Act.

The court examined the agreement clause by clause, considering both the statutory requirements and the broader principles of fairness and good faith. It found that the agreement was free from prohibited content, had been fairly negotiated, and contained appropriate protections for employees. The agreement included adequate dispute resolution mechanisms and complied with the good faith bargaining provisions. Consequently, the court approved the agreement.

The final orders of the court were that the enterprise agreement between Port Stephens Veterans and Citizens Aged Care Ltd, the NSWNMA, and the HSU NSW for the period 2017-2020 be approved. This decision was based on the agreement meeting all the statutory requirements and adhering to the principles of fairness and good faith.

Port Stephens Veterans and Citizens Aged Care Ltd T/A Harboursidehaven

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established