DECISION

Fair Work Act 2009
s.185—Enterprise agreement

S. Antonio Da Padova Protettore Di Poggioreale Sydney Nursing Home Ltd T/A S. Antonio Da Padova Village
(AG2017/2755)

S. ANTONIO DA PADOVA PROTETTORE DI POGGIOREALE SYDNEY NURSING HOME LIMITED NSWNMA, ANMF NSW BRANCH AND HSU NEW SOUTH WALES BRANCH ENTERPRISE AGREEMENT 2017

Health and welfare services
COMMISSIONER SAUNDERS	NEWCASTLE, 11 SEPTEMBER 2017

Application for approval of the S. Antonio Da Padova Protettore Di Poggioreale Sydney Nursing Home Limited, NSWNMA, ANMF and HSU NSW Branch Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the S. Antonio Da Padova Protettore Di Poggioreale Sydney Nursing Home Limited, NSWNMA, ANMF and HSU NSW Branch Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by S. Antonio Da Padova Protettore Di Poggioreale Sydney Nursing Home Ltd T/A S. Antonio Da Padova Village.The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings (the Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[3] The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

[4] Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

[5] Subject to the Undertakings, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[6] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[7] The Australian Nursing and Midwifery Federation, New South Wales Nurses and Midwives’ Association and Health Services Union of Australia 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) I note that the Agreement covers the organisations.

[8] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 September 2017. 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 applicant, S. Antonio Da Padova Protettore Di Poggioreale Sydney Nursing Home Limited T/A S. Antonio Da Padova Village, sought approval of an enterprise agreement from the Fair Work Commission. The applicant is a nursing home operator and the respondent, the Australian Nursing and Midwifery Federation (NSW Branch), is a registered union representing the employees of the applicant. The dispute centred around the terms and conditions of employment outlined in the proposed 2017 enterprise agreement.

The central legal issues for the Fair Work Commission to decide were whether the proposed agreement met the requirements of the Fair Work Act 2009, specifically sections 230 and 231, and whether the agreement had been made in good faith and without coercion, as required by section 228. Additionally, the Commission had to consider if the agreement provided for a fair and reasonable method for resolving disputes between the parties.

The Fair Work Commission approved the application, finding that the agreement was made in good faith and without coercion. The Commission was satisfied that the agreement contained terms and conditions that were fair and reasonable, and it met the requirements of the Fair Work Act. The Commission noted that the agreement provided for a fair and reasonable method for resolving disputes between the parties, including a dispute resolution process that involved both parties and was consistent with the principles of natural justice. The Commission also found that the agreement provided for appropriate protections for employees, including provisions for minimum wages and conditions, as well as provisions for the classification and remuneration of employees.

The Fair Work Commission approved the application for approval of the enterprise agreement, finding that it met the requirements of the Fair Work Act and provided for fair and reasonable terms and conditions of employment. The agreement was approved, and the parties are bound by its terms and conditions.

S. Antonio Da Padova Protettore Di Poggioreale Sydney Nursing Home Ltd T/A S. Antonio Da Padova Village

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established