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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- AGLC
- Roseneath Aged Care Centre v NSW Nurses and Midwives' Association [2013] FWC 5338
- Case
- [2013] FWC 5338
- Decision Date
CaseChat Overview and Summary
The primary legal issues before the FWC were whether the proposed agreement met the requirements of the Fair Work Act, particularly whether it provided for fair and reasonable terms and conditions of employment. The applicants needed to demonstrate that the agreement did not adversely affect employees' wages, conditions, or entitlements. Additionally, the FWC needed to ensure that the agreement was not contrary to public policy or likely to have a detrimental effect on the national economy.
The FWC found that the proposed agreement met the necessary criteria for approval. It concluded that the agreement contained terms and conditions that were fair and reasonable, providing for wages and conditions that were at least equivalent to those set by relevant awards or registered agreements. The FWC also considered that the agreement did not contravene public policy and would not have a detrimental effect on the national economy. Therefore, the FWC approved the Roseneath Aged Care Centre Enterprise Agreement 2012.
The FWC's decision was to approve the enterprise agreement, setting out the approved terms and conditions that would govern the employment relationship between the parties. This approval meant that the agreement would become legally binding and enforceable, replacing any existing awards or agreements that may have previously applied.
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