QUEANBEYAN RESIDENTIAL CARE FACILITY, NSWNMA & HSU NSW

[2014] FWCA 195

FAIR WORK COMMISSION

CORRECTION TO DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Queanbeyan Residential Care Facility
(AG2013/11587)

QUEANBEYAN RESIDENTIAL CARE FACILITY, NSWNMA & HSU NSW BRANCH ENTERPRISE AGREEMENT 2013

Health and welfare services
VICE PRESIDENT WATSON	SYDNEY, 9 JANUARY 2014

Application for approval of the Queanbeyan Residential Care Facility, NSWNMA & HSU NSW Branch Enterprise Agreement 2013.

[1] The decision issued by the Fair Work Commission on 9 January 2014 [2014] FWCA 195 is corrected as follows:

1. By replacing the date “16 January 2013”, appearing in paragraph 4 of the decision, with the date “16 January 2014”.

VICE PRESIDENT WATSON

Printed by authority of the Commonwealth Government Printer

In the recent decision of Queanbeyan Residential Care Facility, NSWNMA & HSU NSW, the Fair Work Commission addressed an application for approval of a single-enterprise agreement between the Queanbeyan Residential Care Facility and the NSW Nurses and Midwives' Association and the Health Services Union of NSW. The central issue before the Commission was whether the proposed agreement met the statutory criteria for approval under section 185 of the Fair Work Act 2009 (Cth). This involved assessing whether the agreement contained the necessary provisions for employee protection, pay and conditions, and whether it complied with the relevant requirements and principles.

The Fair Work Commission examined the provisions of the proposed agreement to determine if it included adequate mechanisms for resolving disputes, ensuring a fair and equitable process for employees. Additionally, the Commission assessed whether the agreement contained appropriate provisions for the protection of employees, including terms that aligned with the objectives of the Act. The Commission also considered whether the agreement met the standard protections outlined in the Act and whether it adhered to the principles of good faith bargaining. Ultimately, the Commission found that the proposed agreement satisfied the statutory criteria for approval, noting that it contained the necessary provisions for dispute resolution, employee protection, and pay and conditions.

In approving the single-enterprise agreement, the Commission emphasised the importance of ensuring that employees were adequately protected and that their rights were upheld. The decision underscores the Commission's commitment to facilitating fair and effective workplace agreements that balance the interests of employers and employees. The Commission's approval of the agreement allows the parties to proceed with implementing the terms and conditions outlined in the agreement, providing a framework for the provision of healthcare services within the Queanbeyan Residential Care Facility. The decision serves as a reminder of the importance of adhering to the statutory criteria for approving single-enterprise agreements and the role of the Commission in upholding the principles of 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