Roseneath Aged Care Centre v NSW Nurses and Midwives' Association

[2013] FWC 5338

Note: An appeal pursuant to s.604 (C2013/5553) was lodged against this decision - refer to Full Bench decision dated 25 September 2013 [[2013] FWCFB 7430] for result of appeal.

[2013] FWC 5338

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Roseneath Aged Care Centre
v
NSW Nurses & Midwives’ Association; Australian Nursing Federation-New South Wales Branch; Health Services Union
(AG2013/6933)

DEPUTY PRESIDENT GOOLEY MELBOURNE, 5 AUGUST 2013

Application for approval of the Roseneath Aged Care Centre, NSWNMA & HSU NSW Branch Enterprise Agreement 2012.

[1] I refer to my decision made in relation to the application for approval of the Roseneath Aged Care Centre NSWNMA & HSU NSW Branch Enterprise Agreement 2012 (the Agreement). 1

[2] In that decision I concluded as follows:

“[32] Accordingly, I find that in relation to part-time employees, the Agreement does not to pass the test.

[33] I therefore am not satisfied that the Agreement passes the overall test. I had provided the Applicant with an earlier opportunity to provide an undertaking in relation to part-time employees and the Applicant advised that it did not consider such an undertaking was necessary. However at that time I had not determined that the Agreement did not pass the test.

[34] Having made that finding, I will provide the Applicant with a further period of two weeks in which it may, if it wishes provide undertakings in relation to this matter.” 2

[3] On 1 August 2013, I was advised by the Applicant’s bargaining representative that the Applicant did “not consider that the Agreement, in relation to part-time employees and the payment of overtime, requires the provision of any undertaking.”

[4] Accordingly in light of my earlier decision, that I was not satisfied that the Agreement passed the better off overall test, the application for approval is dismissed.

DEPUTY PRESIDENT

 1   2013 FWC 4969

 2   Ibid

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