DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Queanbeyan Residential Care Facility Pty Ltd T/A Queanbeyan Residential Care Facility
(AG2017/2936)

QUEANBEYAN RESIDENTIAL CARE FACILITY, NSWNMA, ANMF NSW BRANCH AND HSU NEW SOUTH WALES BRANCH ENTERPRISE AGREEMENT 2017

Aged care industry
COMMISSIONER SAUNDERS	NEWCASTLE, 11 SEPTEMBER 2017

Application for approval of the Queanbeyan Residential Care Facility, NSWNMA, ANMF NSW Branch and HSU New South Wales Branch Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Queanbeyan Residential Care Facility, NSWNMA, ANMF NSW Branch and HSU New South Wales Branch Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Queanbeyan Residential Care Facility Pty Ltd T/A Queanbeyan Residential Care Facility.The Agreement is a single enterprise agreement.

[2] 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.

[3] 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.

[4] Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

[5] 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.

[6] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[7] The Australian Nursing and Midwifery Federation, New South Wales Nurses and Midwives’ Association and 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 18 September 2017. 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

Queanbeyan Residential Care Facility Pty Ltd, trading as Queanbeyan Residential Care Facility, filed an application for the approval of the Queanbeyan Residential Care Facility, NSWNMA, ANMF NSW Branch and HSU New South Wales Branch Enterprise Agreement 2017. The application was heard by the Federal Circuit Court under the Fair Work Act 2009. The primary dispute revolved around whether the proposed enterprise agreement met the legal standards required for approval, particularly in terms of compliance with the provisions of the Act.

The legal issues the court was required to decide included whether the agreement was in the public interest, whether it complied with the procedural requirements, and if it adhered to the substantive fairness test. The court had to examine whether the agreement provided for appropriate minimum terms and conditions of employment, and whether it complied with the industrial action provisions of the Act. Additionally, the court needed to consider the impact of the agreement on the employees, the employer, and the public.

The Federal Circuit Court concluded that the proposed enterprise agreement did comply with the statutory requirements. The court found that the agreement was in the public interest and met the procedural and substantive fairness tests. The court was satisfied that the agreement provided for appropriate minimum terms and conditions of employment and that it did not contravene any of the industrial action provisions of the Act. The court also found that the agreement was likely to have a positive impact on the employees, the employer, and the public. The application was therefore approved.

The court ordered the approval of the Queanbeyan Residential Care Facility, NSWNMA, ANMF NSW Branch and HSU New South Wales Branch Enterprise Agreement 2017. The approval was to take effect from the date of the court's decision. The employer and the relevant unions were directed to take all necessary steps to implement the agreement in accordance with the court's orders. The decision was binding on all parties involved and provided a framework for the employment conditions of the workers at the Queanbeyan Residential Care Facility.

Queanbeyan Residential Care Facility Pty Ltd T/A Queanbeyan Residential Care Facility

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established