DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Quirindi Retirement Homes Limited T/A Quirindi Retirement Homes
(AG2016/2605)

QUIRINDI RETIREMENT HOMES LIMITED, NSWNMA AND HSU NSW ENTERPRISE AGREEMENT 2015 - 2017

Health and welfare services
COMMISSIONER JOHNS	SYDNEY, 5 APRIL 2016

Application for approval of the Quirindi Retirement Homes Limited, NSWNMA and HSU NSW Enterprise Agreement 2015 - 2017.

[1] On 23 March 2016 Quirindi Retirement Homes Limited T/A Quirindi Retirement Homes (Applicant) made an application for approval of the Quirindi Retirement Homes Limited, NSWNMA and HSU NSW Enterprise Agreement 2015 - 2017 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single-enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] The Commission is 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 Health Services Union of Australia and the Australian Nursing and Midwifery Federation, 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), the Commission notes that the Agreement covers these organisations.

[5] The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 12 April 2016. The nominal expiry date of the Agreement is 30 June 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves an application for the approval of an enterprise agreement between Quirindi Retirement Homes Limited, the New South Wales Nurses and Midwives Association (NSWNMA), and the Health Services Union of Australia, New South Wales Branch (HSU NSW) for the period 2015 to 2017. The application was made to the Fair Work Commission (FWC), an Australian tribunal with the jurisdiction to oversee and approve such agreements. The parties in this dispute are Quirindi Retirement Homes Limited, an employer in the aged care sector, the NSWNMA, representing nursing staff, and the HSU NSW, representing other employees.

The primary legal issue before the FWC was whether the proposed enterprise agreement met the statutory requirements for approval under the Fair Work Act 2009. This involved assessing whether the agreement was in the interests of employees, covered by the agreement, and met certain minimum standards. The FWC had to determine if the agreement provided fair and reasonable terms and conditions of employment, and whether it complied with the procedural requirements for approval.

The FWC examined the submissions and evidence from the parties, focusing on the provisions of the agreement and the implications for the employees. The tribunal found that the agreement provided fair and reasonable terms and conditions, taking into account the specific circumstances of the aged care industry and the workforce. The FWC considered the agreement to be in the interests of the employees, as it addressed various issues including wages, hours of work, and leave provisions, among others. The tribunal was satisfied that the agreement met the statutory requirements for approval.

The FWC approved the enterprise agreement, finding it to be in the interests of the employees and compliant with the relevant legislation. The approval was contingent upon the agreement being registered with the Fair Work Commission Register. This decision underscores the importance of ensuring that enterprise agreements provide fair and reasonable terms for employees and meet the necessary legal criteria.

Quirindi Retirement Homes Limited T/A Quirindi Retirement Homes

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established