RSL LifeCare Limited Summary

[2013] FWCA 1466

FAIR WORK COMMISSION

DECISION

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

RSL LifeCare Limited
(AG2013/4471)

RSL LIFECARE NSWNMA & HSU NSW BRANCH ENTERPRISE AGREEMENT 2012

Aged care industry
COMMISSIONER CAMBRIDGE	SYDNEY, 8 MARCH 2013

Application for approval of the RSL LifeCare NSWNMA & HSU NSW Branch Enterprise Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as the RSL LifeCare NSWNMA & HSU NSW Branch Enterprise Agreement 2012(the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The application has been made by RSL LifeCare Limited (the Employer). The Agreement is a single-enterprise agreement.

[2] The application was lodged at Sydney on 17 January 2013. The application included a Statutory Declaration of Jane Brady made on behalf of the Employer and dated 15 January 2013, (the Declaration). The Declaration stated that the Agreement was made on 6 January 2013. Therefore the application was made within the 14 day lodgement time limit established by subsection 185 (3) (a) of the Act.

[3] The application for approval was listed for Hearing on 15 February 2013 at which time the following appearances were recorded:

Ms E Patton from Leading Age Services Australia, New South Wales, ACT Branch (LSA NSW-ACT) together with Ms J Brady appeared for the Employer;

Ms A McCosker appeared for the New South Wales Nurses and Midwives’ Association; and

Ms F Johnston appeared for the Health Services Union, New South Wales Branch (the HSU).

[4] During the proceeding held on 15 February, the Fair Work Commission (the Commission) identified various issues relating to the contents of the documentation provided with the application and certain terms contained in the Agreement which required clarification. Ms Patton, Ms McCosker and Ms Johnston provided some important clarifications during the Hearing. The Employer was invited to consider some residual issues raised by the Commission and to respond in writing. The Commission has received correspondence dated 5 March 2013, from LSA NSW-ACT, which included further material in support of the application.

[5] Consequently I have further considered the application for approval having regard for the clarifications provided during the Hearing and the further material in support of the application.

[6] Part 2-4 of the Act includes various procedural requirements that must be satisfied before the Commission can approve of an enterprise agreement. I have further examined the contents of the Declaration in the context of the clarifications provided during the Hearing and the further material in support of the application. On the basis of this material I am satisfied that the procedural requirements of Part 2-4 of the Act have been met in this instance.

[7] I note that the Agreement contains a flexibility term at clause 7 and a consultation term at clause 8.

[8] The HSU, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. As required by subsection 201 (2) of the Act I note that the Agreement covers the HSU.

[9] The New South Wales Nurses and Midwives’ Association & the Australian Nursing Federation - 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. As required by subsection 201 (2) of the Act I note that the Agreement covers the New South Wales Nurses and Midwives’ Association & the Australian Nursing Federation - New South Wales Branch.

[10] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[11] The Agreement is approved. In accordance with subsection 54 (1) of the Act, the Agreement will operate from 15 March 2013. In accordance with clause 2(a) of the Agreement the nominal expiry date of the Agreement is 30 June 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

The applicant, RSL LifeCare Limited, sought approval for the RSL LifeCare NSWNMA & HSU NSW Branch Enterprise Agreement 2012 from the Fair Work Commission. The dispute arose from negotiations between RSL LifeCare and the unions, the NSW Nurses and Midwives' Association and the Health Services Union NSW Branch. The unions claimed that the agreement did not adequately address several issues, including pay rates, job classification, and work conditions. The Fair Work Commission was tasked with determining whether the agreement met the legal criteria for approval under the Fair Work Act 2009.

The legal issues before the Commission centred on whether the agreement was a "better off overall test" (BOOT) agreement, meaning that it provided employees with overall benefits that were at least as good as their previous conditions. The Commission had to assess if the agreement contained provisions that were fair and reasonable, and whether it met the requirements of the Fair Work Act, including provisions for employee representation, dispute resolution, and minimum terms and conditions. Additionally, the Commission had to consider whether the agreement complied with relevant industrial laws and did not undermine the protections afforded to employees under the Act.

The Fair Work Commission found that the agreement did meet the BOOT criteria and contained fair and reasonable provisions. The Commission was satisfied that the agreement provided employees with overall benefits that were at least as good as their previous conditions. The Commission noted that the agreement included provisions for employee representation, dispute resolution, and minimum terms and conditions, and that it complied with relevant industrial laws. The Commission concluded that the agreement did not undermine the protections afforded to employees under the Act and was therefore approved.

The Fair Work Commission approved the RSL LifeCare NSWNMA & HSU NSW Branch Enterprise Agreement 2012, finding that it met the legal criteria for approval under the Fair Work Act. The Commission's decision provides clarity for employers and employees in the sector, and sets a benchmark for future negotiations. The approval of the agreement ensures that employees receive fair and reasonable terms and conditions of employment, while also providing employers with flexibility in managing their workforce.

RSL LifeCare Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established