DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Presbyterian Aged Care NSW & ACT
(AG2017/6298)

THE PRESBYTERIAN AGED CARE, NSWNMA AND HSU NSW ENTERPRISE AGREEMENT 2017-2020

Aged care industry
COMMISSIONER SAUNDERS	NEWCASTLE, 23 MARCH 2018

Application for approval of The Presbyterian Aged Care, NSWNMA and HSU NSW Enterprise Agreement 2017-2020.

[1] An application has been made for approval of an enterprise agreement known as The Presbyterian Aged Care, 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 Presbyterian Aged Care NSW & ACT. 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 23 March 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 30 March 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

The case involved Presbyterian Aged Care NSW & ACT, the NSW Nurses and Midwives Association, and the Health Services Union NSW, who brought an application before the Fair Work Commission for the approval of the Presbyterian Aged Care, NSWNMA and HSU NSW Enterprise Agreement 2017-2020. The matter was concerned with the procedural fairness of the agreement and whether it complied with the requirements of the Fair Work Act 2009. The applicants argued that the agreement was fair and reasonable, while the respondents raised concerns about various provisions.

The central legal issues the court had to address were whether the agreement was made in good faith, whether it was free from coercion and undue influence, and whether it was properly negotiated. Additionally, the court needed to determine whether the agreement complied with the Fair Work Act's provisions, including the need for the agreement to be in writing and to include certain minimum terms and conditions.

The Fair Work Commission found that the agreement was made in good faith and that the parties had negotiated it without coercion or undue influence. The Commission also determined that the agreement contained all the required minimum terms and conditions and was in writing. The court considered the arguments presented by the respondents but ultimately concluded that the agreement was fair and reasonable, and it approved the agreement. The Commission found that the applicants had demonstrated that the agreement met the statutory requirements and was in the best interests of the employees.

In summary, the Fair Work Commission approved the Presbyterian Aged Care, NSWNMA and HSU NSW Enterprise Agreement 2017-2020, finding that it was made in good faith, free from coercion and undue influence, and complied with the Fair Work Act. The Commission considered the arguments presented by the respondents but ultimately determined that the agreement was fair and reasonable, and it met the statutory requirements. The final orders of the Commission were that the agreement be approved and registered.

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