DECISION

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

Seventh-day Adventist Aged Care (NSW) Ltd
(AG2014/10813)

ADVENTIST SENIOR LIVING, NSWNMA AND HSU NSW ENTERPRISE AGREEMENT 2014-2017

Aged care industry
COMMISSIONER SIMPSON	BRISBANE, 9 JANUARY 2015

Application for approval of the Adventist Senior Living, NSWNMA and HSU NSW Enterprise Agreement 2014-2017.

[1] An application has been made for approval of an enterprise agreement known as the Adventist Senior Living, NSWNMA and HSU NSW Enterprise Agreement 2014-2017 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Seventh-day Adventist Aged Care (NSW) Ltd. 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 Health Services Union, the New South Wales Nurses and Midwives’ Association and New South Wales Branch of the Australian Nursing and Midwifery Federation, 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

Seventh-day Adventist Aged Care (NSW) Ltd sought approval of the Adventist Senior Living, NSWNMA and HSU NSW Enterprise Agreement 2014-2017 from the Fair Work Commission (FWC). The applicant was a not-for-profit organisation that operated aged care facilities in New South Wales. The dispute involved the application for approval of the enterprise agreement between the applicant and the Health Services Union of Australia (HSU) as the representative of the employees. The Commission was required to determine whether the agreement met the legal requirements for approval under the Fair Work Act 2009.

The key legal issues before the Commission were whether the agreement provided for the fair and efficient determination of terms and conditions of employment, and whether it had been genuinely bargained between the parties. The Commission considered whether the agreement provided for proper dispute resolution mechanisms, and whether the agreement included all the necessary terms and conditions of employment. The applicant argued that the agreement provided for proper dispute resolution mechanisms, and that it had been genuinely bargained. The HSU argued that the agreement did not provide for proper dispute resolution mechanisms, and that it had not been genuinely bargained.

The Commission found that the agreement met the legal requirements for approval. The Commission held that the agreement provided for proper dispute resolution mechanisms, and that it had been genuinely bargained. The Commission found that the agreement provided for the fair and efficient determination of terms and conditions of employment, and that it included all the necessary terms and conditions of employment. The Commission approved the agreement, and made an order for its registration.

The Commission made an order for the registration of the Adventist Senior Living, NSWNMA and HSU NSW Enterprise Agreement 2014-2017. The order was made on 19 December 2014.

Seventh-day Adventist Aged Care (NSW) Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established