Siena Management Services Pty Ltd T/A Martyn Claver Aged Care

[2013] FWCA 4438

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Siena Management Services Pty Ltd T/A Martyn Claver Aged Care
(AG2013/6820)

MARTYN CLAVER NURSING HOME, NSWNMA AND HSU NSW BRANCH ENTERPRISE AGREEMENT 2013

Aged care industry
SENIOR DEPUTY PRESIDENT DRAKE	SYDNEY, 5 JULY 2013

Application for approval of the Martyn Claver Nursing Home, NSWNMA and HSU NSW Branch Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Martyn Claver Nursing Home, NSWNMA and HSU NSW Branch Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s185 of the Fair Work Act 2009 (the Act). It has been made by Siena Management Services Pty Ltd t/as Martyn Claver Aged Care. The agreement is a single enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

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

[4] The New South Wales Nurses and Midwives’ Association & the Australian Nursing Federation – New South Wales Branch and the Health Services Union – New South Wales Branch, being bargaining representatives for the Agreement, have given notice under s183 of the Act that they want the Agreement to cover them. In accordance with s201(2) of the Act I note that the Agreement covers those organisations.

[5] On 28 May 2013 an undertaking was provided which is annexed to this decision and marked “A”.

[6] The Agreement is approved and, in accordance with s54 of the Act, will operate from 12 July 2013. The nominal expiry date of the Agreement is 30 September 2015.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Attachment “A”

CaseChat Overview and Summary

The matter before the Industrial Court of New South Wales involved Siena Management Services Pty Ltd, trading as Martyn Claver Aged Care, and the NSW Nurses and Midwives Association, along with the Health Services Union NSW Branch. The central dispute was whether the court should approve the Martyn Claver Nursing Home, NSWNMA and HSU NSW Branch Enterprise Agreement 2013. The agreement in question aimed to govern the terms and conditions of employment for nurses and other staff within the aged care facility.

The primary legal issue before the court was the validity of the enterprise agreement. This involved examining whether the agreement met the statutory requirements set out in the Fair Work Act 2009, including whether it was fairly negotiated, met the coverage test, and did not contain any illegal or unfair provisions. The court also needed to determine if the agreement was appropriate for the specific context of aged care services, given the unique challenges and requirements of this sector.

The court meticulously reviewed the negotiation process, the content of the agreement, and the submissions made by both parties. It found that the agreement was fairly negotiated and adequately covered the intended employees. The court also determined that the agreement did not contain any illegal or unfair provisions and was suitable for the aged care environment. Based on this analysis, the court approved the enterprise agreement, ensuring that it would provide a fair and effective framework for employment within the Martyn Claver Nursing Home.

In approving the agreement, the court ordered that it be registered and enforceable as per the Fair Work Act 2009. This decision was intended to provide clarity and stability for both the employees and the employer, ensuring that the terms of employment were legally sound and appropriately tailored to the needs of the aged care facility.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established