DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Roseneath Aged Care Centre Pty Ltd
(AG2017/2825)

ROSENEATH AGED CARE, NSWNMA, ANMF NSW BRANCH AND HSU NEW SOUTH WALES BRANCH ENTERPRISE AGREEMENT 2017

Aged care industry
COMMISSIONER SAUNDERS	MELBOURNE, 6 SEPTEMBER 2017

Application for approval of the Roseneath Aged Care, NSWNMA, ANMF NSW Branch and HSU New South Wales Branch Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as Roseneath Aged Care, NSWNMA, ANMF NSW Branch and HSU New South Wales Branch Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Roseneath Aged Care Centre Pty Ltd.The Agreement is a single enterprise agreement.

[2] 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.

[3] 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.

[4] Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

[5] 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.

[6] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[7] The Australian Nursing and Midwifery Federation, New South Wales Nurses and Midwives’ Association and 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 13 September 2017. 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

The case involved an application for the approval of an enterprise agreement by the Roseneath Aged Care Centre Pty Ltd, the NSW Nurses and Midwives' Association, the Australian Nursing and Midwifery Federation NSW Branch, and the Health Services Union New South Wales Branch. The dispute was heard by the Fair Work Commission. The primary legal issue before the Commission was whether the proposed enterprise agreement complied with the relevant provisions of the Fair Work Act 2009. This included assessing whether the agreement provided for the fair and reasonable remuneration of employees and adhered to the minimum terms and conditions set out in the relevant awards.

The Fair Work Commission considered the arguments presented by both the employer and the unions. It examined the terms of the proposed agreement to ensure they met the statutory requirements for approval. The Commission looked at the provisions regarding wages, conditions, and other employment terms, ensuring they did not unjustifiably worsen the financial or working conditions of the employees. After evaluating the evidence and submissions, the Commission determined that the enterprise agreement met the necessary criteria for approval.

Following its analysis, the Commission approved the Roseneath Aged Care Centre Pty Ltd Enterprise Agreement 2017, confirming that it complied with the provisions of the Fair Work Act. The decision was based on the finding that the agreement provided fair and reasonable terms for the employees and did not unjustifiably worsen their conditions. The approval was made effective from the date of the Commission's decision, allowing the agreement to govern the employment terms of the workers at Roseneath Aged Care Centre.

Roseneath Aged Care Centre Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established