DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Quirindi Retirement Homes Limited T/A Quirindi Retirement Homes
(AG2017/5397)

QUIRINDI RETIREMENT HOMES LIMITED, NSWNMA AND HSU NSW ENTERPRISE AGREEMENT 2017 - 2020

Aged care industry
COMMISSIONER SAUNDERS	NEWCASTLE, 7 MARCH 2018

Application for approval of Quirindi Retirement Homes Limited, NSWNMA and HSU NSW Enterprise Agreement 2017 - 2020.

[1] An application has been made for approval of an enterprise agreement known as the Quirindi Retirement Homes Limited, 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 Quirindi Retirement Homes Limited T/A Quirindi Retirement Homes. 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 27 February 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 (ANMF) & Health Services Union (HSU) 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 14 February 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

In the case of Quirindi Retirement Homes Limited T/A Quirindi Retirement Homes, the applicant sought approval for the Enterprise Agreement 2017-2020 between Quirindi Retirement Homes Limited, the NSW Nurses and Midwives Association (NSWNMA), and the Health Services Union NSW (HSU NSW). The application was heard by the Fair Work Commission, which is responsible for approving such agreements under Australian labour law. The dispute centred on the procedural fairness of the agreement's negotiation and whether it met the legal requirements for approval.

The primary legal issue before the Commission was whether the agreement was fairly and genuinely negotiated and whether it complied with the relevant provisions of the Fair Work Act 2009. Specifically, the Commission had to consider whether the negotiation process adhered to the principles of procedural fairness and whether the agreement contained all the mandatory terms as required by law. Additionally, the Commission needed to ensure that the agreement did not contain any unfair provisions that would disadvantage employees.

In reaching its decision, the Fair Work Commission examined the evidence provided by the parties regarding the negotiation process and the terms of the agreement. The Commission found that the negotiation process was conducted in good faith and that the agreement contained all the mandatory terms as required by law. Furthermore, the Commission concluded that the agreement did not include any unfair provisions that would negatively impact the employees. Consequently, the Commission approved the Enterprise Agreement 2017-2020, finding that it was fairly and genuinely negotiated and met all legal requirements for approval. The final orders confirmed the approval of the agreement, which will now govern the employment terms and conditions for the employees of Quirindi Retirement Homes Limited.

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