DECISION

Fair Work Act 2009
s.185—Enterprise agreement

RSL LifeCare Ltd
(AG2018/432)

RSL LIFECARE, NSWNMA AND HSU NSW ENTERPRISE AGREEMENT 2017 - 2020

Aged care industry
COMMISSIONER MCKENNA	SYDNEY, 5 JUNE 2018

Application for approval of the RSL LifeCare, NSWNMA and HSU NSW Enterprise Agreement 2017-2020.

[1] An application has been made for the approval of an enterprise agreement known as the RSL LifeCare, NSWNMA and HSU NSW Enterprise Agreement 2017 – 2020 (“the Agreement”). The application was made by RSL LifeCare Ltd (“the applicant”) pursuant to s.185 of the Fair Work Act 2009 (“the Act”). The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss. 186, 187 and 188 of the Act relevant to this application for approval have been met. The applicant has provided written undertakings addressing miscellaneous matters. The views of the bargaining representatives were sought in relation to the undertakings. A copy of the undertakings is attached to this decision and marked “Annexure A”. I note that, under s.191 of the Act, the undertakings are taken to be terms of the Agreement.

[3] The New South Wales Nurses and Midwives’ Association, the Australian Nursing and Midwifery Federation – New South Wales Branch and the Health Services Union NSW & ACT Branch have given notice under s.183 of the Act that they wish to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers the organisations.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this approval decision. 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 of RSL LifeCare Ltd was heard in the Fair Work Commission. The applicant, RSL LifeCare Ltd, sought approval of an enterprise agreement with the NSW Nurses and Midwives’ Association and Health Services Union NSW. The dispute centred on the terms and conditions of employment for the employees covered by the agreement, and whether these terms complied with the Fair Work Act 2009. The Fair Work Commission was tasked with determining whether the enterprise agreement met the requirements for approval under the Act, including whether it provided for the safety of employees and other persons, and whether it facilitated the efficient operation of the employer’s business.

The primary legal issue before the Commission was whether the terms of the enterprise agreement complied with the statutory provisions of the Fair Work Act. This involved assessing whether the agreement provided for employees' safety and health, and whether it allowed for the efficient operation of the employer's business. Additionally, the Commission had to consider whether the agreement had been made in good faith and whether it met the "better off overall test" which required that employees be no worse off financially and at least as well off in other respects.

The Fair Work Commission found that the enterprise agreement met the statutory requirements for approval. It held that the agreement provided for the safety and health of employees and facilitated the efficient operation of RSL LifeCare's business. The Commission determined that the agreement was made in good faith and satisfied the better off overall test. It was concluded that employees would benefit from the provisions of the agreement, including those related to wages, leave, and other employment conditions.

The Commission approved the enterprise agreement, finding it met all the necessary statutory criteria. The decision was made on the basis that the agreement was fair and balanced, and provided for the efficient running of the employer's business while ensuring the safety and welfare of employees. The Commission’s approval marked the formal adoption of the terms and conditions set out in the agreement, which would govern the employment relationship between RSL LifeCare and its employees for the specified period.

RSL LifeCare Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established