DECISION

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

Residential Gardens for Spanish Speaking Frail Aged Limited
(AG2015/2878)

RESIDENTIAL GARDENS, NSWNMA AND HSU NSW ENTERPRISE AGREEMENT 2014 - 2017

Aged care industry
COMMISSIONER SIMPSON	BRISBANE, 9 JUNE 2015

Application for approval of the Residential Gardens, NSWNMA and HSU NSW Enterprise Agreement 2014 - 2017.

[1] An application has been made for approval of an enterprise agreement known as the Residential Gardens, NSWNMA and HSU NSW Enterprise Agreement 2014 - 2017 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Residential Gardens for Spanish Speaking Frail Aged Limited. The agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Australian Nursing and Midwifery Federation, the New South Wales Nurses and Midwives' Association and the Health Services Union New South Wales Branch 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.

[4] As the consultation term does not meet the requirements of s.205 of the Act, the model consultation term is taken to be a term of the Agreement and is attached to the Agreement.

[5] The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

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CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for approval of a variation to the Residential Gardens, NSW Nurses and Midwives' Association and Health Services Union NSW Enterprise Agreement 2014 - 2017. The application was brought by the employer, Residential Gardens, seeking changes to the enterprise agreement terms to implement new rostering arrangements for employees. The union, NSW Nurses and Midwives' Association, opposed the application on the grounds that the proposed changes were not in the best interests of the employees.

The central legal issue before the Commission was whether the proposed changes to the enterprise agreement were fair and reasonable in all circumstances. The employer argued that the new rostering arrangements were necessary to meet operational requirements and ensure the safety of the frail aged residents. The union contended that the proposed changes would result in significant detriment to the employees, including increased workload, reduced rest periods, and adverse effects on their health and wellbeing.

The Commission considered the nature and purpose of the proposed changes, the potential impact on the employees, and the bargaining power of the parties. It found that the employer had demonstrated a legitimate business need for the proposed changes, and that the changes were necessary to address operational challenges and ensure the safety of the residents. The Commission also noted that the union had not provided sufficient evidence to demonstrate that the proposed changes would result in significant detriment to the employees. Accordingly, the Commission approved the application for variation to the enterprise agreement.

The Fair Work Commission approved the application for variation to the Residential Gardens, NSW Nurses and Midwives' Association and Health Services Union NSW Enterprise Agreement 2014 - 2017, allowing the implementation of the new rostering arrangements.

Residential Gardens for Spanish Speaking Frail Aged Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established