DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Residential Gardens for the Spanish Speaking Frail Aged Ltd T/A Residential Gardens
(AG2017/4867)

RESIDENTIAL GARDENS, NSWNMA AND HSU NSW ENTERPRISE AGREEMENT 2017-2020

Aged care industry
COMMISSIONER SAUNDERS	NEWCASTLE, 7 MARCH 2018

Application for approval of the Residential Gardens, NSWNMA and HSU NSW Enterprise Agreement 2017 - 2020.

[1] An application has been made for approval of an enterprise agreement known as the Residential Gardens, 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 Residential Gardens for the Spanish Speaking Frail Aged Ltd T/A Residential Gardens. 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 15 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 and the 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 14 March 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 recent case of Residential Gardens for the Spanish Speaking Frail Aged Ltd T/A Residential Gardens, the applicants sought approval of an enterprise agreement between the employer, Residential Gardens, and two unions, the NSW Nurses and Midwives' Association and the Health Services Union of NSW. The agreement, covering the period from 2017 to 2020, aimed to establish terms and conditions of employment for employees of the respondent employer within the aged care sector. The matter was heard by the Fair Work Commission, which was tasked with assessing the fairness and compliance of the agreement under the Fair Work Act 2009.

The primary legal issues before the Commission included determining whether the agreement met the criteria for approval under the Fair Work Act, specifically whether it provided for a fair and reasonable terms of employment, and whether it had been made in good faith. The Commission also had to consider whether the agreement was consistent with the principles of the Fair Work Act, including the protection of employees' rights, and whether it provided an appropriate balance between the interests of the employer and the employees.

In reaching its decision, the Commission carefully examined the provisions of the agreement, the bargaining process, and the interests of the parties involved. The Commission found that the agreement was fair and reasonable, as it provided for terms and conditions that were comparable to those in similar agreements within the industry. The Commission noted that the agreement had been made in good faith, with proper consultation and negotiation between the parties. The Commission also found that the agreement was consistent with the principles of the Fair Work Act and provided an appropriate balance between the interests of the employer and the employees.

As a result of the Commission's findings, the agreement was approved, and the applicants' application for approval was successful. The Commission's decision provides guidance on the requirements for approving enterprise agreements and highlights the importance of fair and reasonable terms of employment in the aged care sector. The final orders of the Commission approved the Residential Gardens, NSWNMA and HSU NSW Enterprise Agreement 2017 - 2020, effective from the date of the decision.

Residential Gardens for the Spanish Speaking Frail Aged Ltd T/A Residential Gardens

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established