[2014] FWCA 8870

The attached document replaces the document previously issued with the above code on 8 December 2014.

The name of the Enterprise Agreement and the Applicant have been amended.

Sophie Baartz

Associate to Deputy President Booth

Dated 8/12/14

[2014] FWCA 8870

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Presbyterian Aged Care NSW & ACT
(AG2014/9881)

PRESBYTERIAN AGED CARE, NSWNMA AND HSU NSW ENTERPRISE AGREEMENT 2014 - 2017.

Aged care industry
DEPUTY PRESIDENT BOOTH	SYDNEY, 8 DECEMBER 2014

Application for approval of the Presbyterian Aged Care, NSWNMA and HSU NSW Enterprise Agreement 2014 - 2017.

[1] An application has been made for approval of an enterprise agreement known as the Presbyterian Aged Care, 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 Presbyterian Aged Care NSW & ACT. 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 15 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

Presbyterian Aged Care NSW & ACT recently came before the Fair Work Commission (FWC) for consideration of an application to approve the Presbyterian Aged Care, NSWNMA and HSU NSW Enterprise Agreement 2014 - 2017. The applicant, Presbyterian Aged Care NSW & ACT, sought the FWC's approval of the proposed enterprise agreement under section 232 of the Fair Work Act 2009. The application was made in response to the union's request for the FWC to determine the agreement's appropriateness under section 230 of the Act.

The central legal issues for the FWC to determine were whether the enterprise agreement complied with the procedural and substantive requirements of the Act and whether it met the ‘better off overall test’. The FWC was required to examine the agreement’s adherence to the procedural prerequisites, including whether it was genuinely negotiated, and assess its content against the Act's substantive provisions, ensuring it did not undermine the protection of employees' rights and entitlements. Additionally, the FWC needed to ensure that the agreement provided employees with a fair outcome compared to their current conditions, as per the better off overall test.

In its decision, the FWC considered the evidence presented by both parties and the provisions of the Act. The FWC found that the agreement was genuinely negotiated and met all procedural requirements. The FWC also concluded that the agreement was substantively sound and did not undermine the protection of employees' rights and entitlements. Furthermore, the FWC determined that the agreement provided employees with a fair outcome, meeting the better off overall test. Consequently, the FWC approved the agreement under section 233 of the Act.

The FWC's final orders included the approval of the Presbyterian Aged Care, NSWNMA and HSU NSW Enterprise Agreement 2014 - 2017, effective from 1 July 2014, for a period of three years. This decision ensures that the terms and conditions of employment for the employees covered by the agreement are legally binding and enforceable.

Presbyterian Aged Care NSW & ACT

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established