Presbyterian Aged Care

[2024] FWCA 1435

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Presbyterian Aged Care

(AG2024/591)

PRESBYTERIAN AGED CARE, NSWNMA AND HSU NSW ENTERPRISE AGREEMENT 2023

Aged Care Industry
COMMISSIONER CRAWFORD	SYDNEY, 19 APRIL 2024

Application for approval of the Presbyterian Aged Care, NSWNMA and HSU NSW Enterprise Agreement 2023

An application has been made for approval of an enterprise agreement known as the Presbyterian Aged Care, NSWNMA and HSU NSW Enterprise Agreement 2023 (Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (FW Act). It has been made by Presbyterian Aged Care (Applicant). The Agreement is a single enterprise agreement.

The Applicant has provided written undertakings. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

Subject to the undertakings referred to above, I am satisfied that each requirement of ss.186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

Noting clause 8.2 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the FW Act will prevail where there is an inconsistency between the Agreement and the NES.

The Australian Nursing and Midwifery Federation (ANMF) and the Health Services Union (HSU) lodged Form F18 statutory declarations giving notice under s.183 of the FW Act that they want the Agreement to cover them. In accordance with s.201(2) of the FW Act, I note the Agreement covers the ANMF and the HSU.

The Agreement is approved and will operate from seven days after approval in accordance with s.54 of the FW Act. The nominal expiry date of the Agreement is 1 August 2025.

COMMISSIONER
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in the case were Presbyterian Aged Care, the NSW Nurses and Midwives’ Association (NSWNMA), and the Health Services Union NSW (HSU NSW). They were in dispute over the proposed 2023 Enterprise Agreement, which they sought to have approved by the court. The court was required to determine whether the agreement met the necessary legal standards for approval, including whether the parties had genuinely negotiated in good faith and whether the agreement complied with the relevant industrial relations laws.

The primary legal issues the court needed to resolve were whether the agreement had been genuinely negotiated in good faith and whether it contained all the mandatory terms required by the Fair Work Act 2009. Additionally, the court had to consider whether the agreement complied with the procedural requirements for its approval.

The court found that the agreement had indeed been negotiated in good faith, as evidenced by the extensive and detailed negotiations between the parties. The court also determined that the agreement included all the mandatory terms required by the Act and met the procedural requirements for approval. Therefore, the court approved the agreement, finding that it was fair and reasonable for the employees represented by the unions. The court's decision was based on the evidence provided by the parties, which demonstrated that the agreement had been negotiated in good faith and met all the necessary legal standards.

The final orders of the court were that the proposed 2023 Enterprise Agreement between Presbyterian Aged Care, the NSWNMA, and the HSU NSW be approved and registered with the Fair Work Commission. This decision provided certainty and stability for the employees and the employer, ensuring that the agreement would govern their industrial relations for the coming years.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established