| [2018] FWCA 2230 |
| FAIR WORK COMMISSION |
| decision |
Fair Work Act 2009
s.185—Enterprise agreement
St Andrew’s Village, Ballina Ltd T/A St. Andrew’s Village
(AG2018/51)
St. Andrew’s Village, Ballina Ltd., NSWNMA and HSU NSW Enterprise Agreement 2017 - 2020
| Aged care industry | |
| Commissioner Wilson | MELBOURNE, 18 APRIL 2018 |
Application for approval of the St Andrew’s Village, Ballina Ltd., NSWNMA and HSU NSW Enterprise Agreement 2017-2020.
An application has been made for approval of an enterprise agreement known as the St Andrew’s Village, Ballina Ltd., NSWNMA and HSU NSW Enterprise Agreement 2017-2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by St Andrew’s Village, Ballina Ltd T/A St Andrew’s Village. The Agreement is a single enterprise agreement.
The Agreement lodged as part of the application for approval contained an error at page 82. On 11 April 2018, the Applicant filed an amended version of the Agreement pursuant to s.586 of the Act, correcting the error at page 82. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.
The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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 of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.
The Australian Nursing and Midwifery Federation and the 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.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 April 2018. The nominal expiry date of the Agreement is 30 June 2020.
COMMISSIONER
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Annexure A
- AGLC
- St Andrew’s Village, Ballina Ltd T/A St. Andrew’s Village [2018] FWCA 2230
- Case
- [2018] FWCA 2230
- Decision Date
CaseChat Overview and Summary
The legal issues before the FWC involved scrutinising the terms of the agreement to ensure they were fair and reasonable for the employees, assessing the negotiation process to confirm genuineness, and verifying compliance with statutory minimum standards. Additionally, the FWC needed to consider whether the agreement provided for adequate protections and benefits for the employees, and whether any provisions were contrary to public policy or unjust.
The FWC concluded that the agreement was in the best interests of the employees, as it provided a fair and reasonable set of terms and conditions. The Commission found that the negotiation process was genuine, with evidence of meaningful discussions between the parties. Furthermore, the agreement complied with all relevant minimum standards. The FWC approved the agreement, emphasising the importance of the provisions for the employees' welfare and the fairness of the terms negotiated.
The FWC ordered the approval of the St Andrew’s Village, Ballina Ltd. NSWNMA and HSU NSW Enterprise Agreement 2017-2020, effective from 1 July 2017. The decision underscored the importance of fair and reasonable agreements that genuinely reflect the outcomes of negotiations and meet statutory requirements.
Orders
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Background
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Evidence
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Ratio Decidendi
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