DECISION

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

RSL Lifecare Limited T/A RSL Lifecare
(AG2015/5398)

RSL LIFECARE, NSWNMA AND HSU NSW ENTERPRISE AGREEMENT 2015 - 2017

Aged care industry
COMMISSIONER SIMPSON	BRISBANE, 25 SEPTEMBER 2015

Application for approval of the RSL LifeCare, NSWNMA and HSU NSW Enterprise Agreement 2015 - 2017.

[1] An application has been made for approval of an enterprise agreement known as the RSL LifeCare, NSWNMA and HSU NSW Enterprise Agreement 2015 - 2017. (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by RSL LifeCare Limited. The agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] The New South Wales Nurses and Midwives’ Association and New South Wales branch of the Australian and Midwifey, 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) of the Act, I note that the Agreement covers these organisations.

[4] The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of RSL Lifecare Limited, trading as RSL Lifecare, the Fair Work Commission was asked to approve a proposed enterprise agreement between the employer and its employees, as represented by the NSW Nurses and Midwives Association and the Health Services Union NSW. The agreement sought to govern the terms and conditions of employment for a period from 2015 to 2017. The dispute centred on the provisions within the agreement that the applicants sought to have certified as binding on all parties involved.

The primary legal issue before the Commission was whether the proposed enterprise agreement complied with the requirements set out in the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement met the criteria for good faith bargaining, whether it contained the necessary minimum terms and conditions, and if the agreement was procedurally fair and in accordance with the Fair Work Regulations. Furthermore, the Commission needed to assess if the agreement was likely to achieve a productive workplace relationship, as mandated by the Act.

Upon examination, the Commission found that the agreement demonstrated good faith bargaining by both parties, with the negotiation process adhering to the statutory requirements. The proposed agreement included all the prescribed minimum terms and conditions, and the Commission was satisfied that it was procedurally fair. The Commission also concluded that the agreement was likely to contribute to a productive workplace relationship. Therefore, the Fair Work Commission approved the proposed enterprise agreement, finding it met the statutory criteria and was in the best interests of the employees and the employer.

The Commission certified the RSL LifeCare, NSWNMA and HSU NSW Enterprise Agreement 2015 - 2017 as meeting the requirements of the Fair Work Act 2009, effective from the date of the decision. This certification ensures that the terms and conditions set forth in the agreement are binding on the parties involved for the specified period, promoting a stable and productive employment relationship.

RSL Lifecare Limited T/A RSL Lifecare

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established