St Andrews Village Ballina Ltd Summary

[2024] FWCA 1878

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

St Andrews Village Ballina Ltd

(AG2024/1148)

ST ANDREWS VILLAGE BALLINA, NSWNMA AND HSU NSW ENTERPRISE AGREEMENT 2023

Aged Care Industry
COMMISSIONER CRAWFORD	SYDNEY, 22 MAY 2024

Application for approval of the St Andrews Village Ballina, NSWNMA and HSU NSW Enterprise Agreement 2023

An application has been made for approval of an enterprise agreement known as the St Andrews Village Ballina, 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 St Andrews Village Ballina 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 an application for the approval of the St Andrews Village Ballina, NSWNMA and HSU NSW Enterprise Agreement 2023. The applicant, St Andrews Village Ballina Ltd, sought the approval of the enterprise agreement, which governs the employment conditions of workers within the facility. The opposition to the approval was raised by the NSW Nurses and Midwives' Association and the Health Services Union of NSW, collectively representing certain employees. The Fair Work Commission, as the relevant body, was tasked with determining whether the agreement met the necessary criteria for approval.

The central legal issue before the Commission was whether the proposed enterprise agreement complied with the statutory requirements set out in the Fair Work Act 2009. Specifically, the Commission had to determine whether the agreement was made in good faith and whether it provided for minimum terms and conditions of employment that met the safety net protections. Additionally, the Commission needed to assess whether the agreement was free from any undue coercion, duress, or other forms of unfair influence.

The Commission, after considering the evidence and submissions presented, found that the proposed enterprise agreement was made in good faith and contained terms and conditions that were not less favourable than the applicable safety net. The Commission concluded that the agreement was fair and balanced, taking into account the needs and interests of both the employer and the employees. The Commission also found that there was no evidence of undue influence or coercion in the making of the agreement. Based on these findings, the Commission approved the St Andrews Village Ballina, NSWNMA and HSU NSW Enterprise Agreement 2023. The approval ensures that the agreement will govern the employment conditions of workers within the facility, providing a framework for fair and reasonable terms of employment.

St Andrews Village Ballina Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established