Quirindi Care Services Limited

[2024] FWCA 1601

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Quirindi Care Services Limited

(AG2024/680)

THE QUIRINDI CARE SERVICES LIMITED, NSWNMA AND HSU NSW ENTERPRISE AGREEMENT 2023

Aged Care Industry
COMMISSIONER CRAWFORD	SYDNEY, 1 MAY 2024

Application for approval of The Quirindi Care Services Limited, NSWNMA and HSU NSW Enterprise Agreement 2023

An application has been made for approval of an enterprise agreement known as The Quirindi Care Services Limited, 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 Quirindi Care Services Limited (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 case involved Quirindi Care Services Limited, the NSW Nurses and Midwives Association (NSWNMA), and the Health Services Union NSW (HSU NSW). The dispute centred around the approval of their 2023 enterprise agreement, which was contested by some employees. The application for approval was brought before the Fair Work Commission. The primary legal issues the court needed to decide were whether the enterprise agreement complied with the requirements of the Fair Work Act 2009 and whether the agreement had been fairly negotiated and applied in good faith. The court had to consider the procedural fairness of the negotiation process and whether the agreement met the criteria for approval under the legislation.

The Fair Work Commission examined the process by which the agreement was negotiated and whether it involved genuine bargaining. The court reviewed the evidence on whether the agreement was applied fairly and in good faith by all parties. It assessed whether there was any procedural unfairness in the negotiation process and whether the agreement provided fair and reasonable terms for the employees. The court also considered whether the agreement complied with the substantive requirements of the Fair Work Act, including provisions on minimum standards and the protection of employees' rights.

After thorough deliberation, the Fair Work Commission concluded that the enterprise agreement was fairly negotiated and met the legal criteria for approval. The court found that the negotiation process was conducted in good faith and that the agreement provided fair and reasonable terms for the employees. The Commission was satisfied that the agreement complied with the statutory requirements and was in the best interest of the employees and the employer. Consequently, the application for the approval of the enterprise agreement was granted.

The final orders of the court were that the Quirindi Care Services Limited, NSWNMA and HSU NSW Enterprise Agreement 2023 be approved as a registered agreement. This decision allowed the agreement to come into effect, governing the terms and conditions of employment for the employees covered by the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established