DECISION

Fair Work Act 2009
s.185—Enterprise agreement

St Catherine’s Aged Care Services Ltd
(AG2014/9945)

ST CATHERINE’S AGED CARE SERVICES, NSWNMA AND HSU NSW ENTERPRISE AGREEMENT 2014 - 2017.

Aged care industry
DEPUTY PRESIDENT BOOTH	SYDNEY, 9 DECEMBER 2014

Application for approval of the St Catherine’s Aged Care Services, NSWNMA and HSU NSW Enterprise Agreement 2014 - 2017.

[1] An application has been made for approval of an enterprise agreement known as the St Catherine’s Aged Care Services, 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 St Catherine’s Aged Care Services Ltd. The agreement is a single-enterprise agreement.

[2] The Health Services Union New South Wales Branch, the New South Wales Branch of the Australian Nursing and Midwifery Federation and the New South Wales Nurses and Midwives’ Association, 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.

[3] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 December 2014. The nominal expiry date of the Agreement is 30 June 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

St Catherine’s Aged Care Services Ltd brought an application to the Fair Work Commission for approval of the St Catherine’s Aged Care Services, NSWNMA and HSU NSW Enterprise Agreement 2014 - 2017. The dispute centred on whether the proposed enterprise agreement complied with the requirements of the Fair Work Act 2009. Specifically, the applicant needed to demonstrate that the agreement was a "genuine" enterprise agreement, free from any improper influence or coercion, and that it met the minimum standards set out in the Fair Work Act.

The central legal issue before the Commission was whether the agreement had been negotiated in good faith and whether it contained all the necessary terms and conditions. The applicant had to provide evidence that the agreement was the product of genuine bargaining between the employer and the employees, without any undue influence. Additionally, the Commission had to consider whether the proposed agreement provided for terms and conditions that did not fall below the minimum standards prescribed by the Fair Work Act, including minimum wages and standard conditions of employment.

In reaching its decision, the Commission examined the evidence provided by the applicant and the submissions made by the parties. It considered whether the bargaining process was conducted appropriately and whether the terms of the agreement were fair and reasonable. The Commission noted that the agreement contained provisions for minimum wages, leave entitlements, and other employment conditions that aligned with the minimum standards. After reviewing all the evidence and submissions, the Commission found that the agreement was genuine and had been negotiated in good faith. It approved the agreement, finding that it met all the necessary legal requirements.

The Fair Work Commission approved the St Catherine’s Aged Care Services, NSWNMA and HSU NSW Enterprise Agreement 2014 - 2017, confirming that it was a genuine agreement that complied with the Fair Work Act. The approval ensures that the terms and conditions of employment for the workers covered by the agreement are legally sound and fair.

St Catherine’s Aged Care Services Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established