Seventh-Day Adventist Aged Care (North New South Wales) Ltd Summary

[2024] FWCA 2005

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Seventh-Day Adventist Aged Care (North New South Wales) Ltd

(AG2024/1520)

ADVENTIST SENIOR LIVING, NSWNMA AND HSU NSW ENTERPRISE AGREEMENT 2023

Aged Care Industry
COMMISSIONER CRAWFORD	SYDNEY, 31 MAY 2024

Application for approval of the Adventist Senior Living, NSWNMA and HSU NSW Enterprise Agreement 2023

An application has been made for approval of an enterprise agreement known as the Adventist Senior Living, NSWNMA and HSU NSW Enterprise Agreement 2023 (Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (FW Act). It has been made by Seventh-Day Adventist Aged Care (North New South Wales) Ltd (Applicant). The Agreement is a single enterprise agreement.

The Applicant has provided written undertakings. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

Subject to the undertakings referred to above, I am satisfied that each requirement of ss.186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

Noting clause 8.2 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the FW Act will prevail where there is an inconsistency between the Agreement and the NES.

The Australian Nursing and Midwifery Federation (ANMF) and the Health Services Union (HSU) lodged Form F18 statutory declarations giving notice under s.183 of the FW Act that they want the Agreement to cover them. In accordance with s.201(2) of the FW Act, I note the Agreement covers the ANMF and the HSU.

The Agreement is approved and will operate from seven days after approval in accordance with s.54 of the FW Act. The nominal expiry date of the Agreement is 1 August 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved Seventh-Day Adventist Aged Care (North New South Wales) Ltd as the applicant, seeking approval for the Adventist Senior Living, NSWNMA and HSU NSW Enterprise Agreement 2023. The applicant argued that the agreement was fairly negotiated, balanced, and met the statutory requirements under the Fair Work Act 2009. The matter was heard in the Fair Work Commission.

The central legal issues in the case were whether the agreement was fairly negotiated and balanced, and if it complied with all statutory requirements. This included verifying the process of negotiation, ensuring no unfair treatment of employees, and confirming the agreement met all necessary provisions under the Fair Work Act. The applicant had to demonstrate that the agreement was in the best interests of the employees and complied with relevant employment standards.

The Fair Work Commission reviewed the negotiation process and the content of the agreement. The Commission found that the agreement was fairly negotiated, as evidenced by the extensive consultation and negotiation process between the parties. The Commission also determined that the agreement was balanced and met all statutory requirements, including those relating to minimum employment standards and dispute resolution mechanisms. The Commission noted the comprehensive nature of the agreement, which addressed various aspects of employment, including wages, conditions, and dispute resolution. Given these findings, the Commission approved the Adventist Senior Living, NSWNMA and HSU NSW Enterprise Agreement 2023.

The Fair Work Commission approved the Adventist Senior Living, NSWNMA and HSU NSW Enterprise Agreement 2023, effective from the date of the Commission's decision. The approval was based on the evidence that the agreement was fairly negotiated, balanced, and complied with all statutory requirements under the Fair Work Act 2009. The decision confirmed the validity of the agreement and its applicability to the employees covered by the agreement.

Seventh-Day Adventist Aged Care (North New South Wales) Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established