Port Stephens Veterans & Citizens Aged Care Limited T/A Harbourside Haven Villages

[2014] FWCA 8496

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Port Stephens Veterans & Citizens Aged Care Limited T/A Harbourside Haven Villages
(AG2014/9588)

PORT STEPHENS VETERANS & CITIZENS AGED CARE LTD, NSWNMA AND HSU NSW ENTERPRISE AGREEMENT 2014 - 2017

Aged care industry
DEPUTY PRESIDENT BOOTH	SYDNEY, 27 NOVEMBER 2014

Application for approval of the PORT STEPHENS VETERANS & CITIZENS AGED CARE LTD, NSWNMA and HSU NSW Enterprise Agreement 2014 - 2017.

[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 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 Port Stephens Veterans & Citizens Aged Care Limited. 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 4 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 Port Stephens Veterans & Citizens Aged Care Limited, trading as Harbourside Haven Villages, sought approval for the Enterprise Agreement 2014 - 2017 with the New South Wales Nurses and Midwives' Association (NSWNMA) and Health Services Union (HSU) before the Fair Work Commission. The agreement aimed to govern the employment terms and conditions of the employees covered by the agreement. The dispute centred on whether the proposed agreement met the requirements of the Fair Work Act 2009 and whether it was in the best interests of the employees.

The legal issues before the court included whether the agreement was a genuinely negotiated and bona fide agreement, and whether it contained all the required minimum terms and conditions as stipulated by the Fair Work Act. Additionally, the court had to consider whether the agreement was likely to achieve better outcomes for the employees compared to the existing industrial instruments. The court also examined whether the agreement provided adequate protections for employees in terms of wages, working conditions, and dispute resolution mechanisms.

The Fair Work Commission found that the agreement was genuinely negotiated and bona fide. It determined that the agreement included all the required minimum terms and conditions and provided better outcomes for the employees. The Commission also found that the agreement contained adequate protections for employees, including provisions for fair wages, reasonable working hours, and effective dispute resolution mechanisms. The Commission approved the agreement, finding that it was in the best interests of the employees and would promote harmonious, productive, and cooperative workplace relations. The court ordered that the agreement be approved and registered as a registered agreement under the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established