DECISION

Fair Work Act 2009
s.185—Enterprise agreement

St Catherine’s Aged Care Services Ltd
(AG2017/4675)

ST CATHERINE’S AGED CARE SERVICES NSWNMA AND HSU NSW ENTERPRISE AGREEMENT 2017 - 2020

Aged care industry
COMMISSIONER SAUNDERS	NEWCASTLE, 14 MARCH 2018

Application for approval of the St Catherine’s Aged Care Services NSWNMA & HSU NSW Enterprise Agreement 2017- 2020.

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

[2] The Agreement lodged as part of the application for approval contained an error at page 82. On 7 March 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.

[3] The Employer has provided written undertakings (the Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[4] The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

[5] Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

[6] Subject to the Undertakings, 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.

[7] 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.

[8] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 March 2020. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

St Catherine’s Aged Care Services Ltd, the applicant, sought approval for an enterprise agreement with two unions, the NSW Nurses and Midwives' Association and the Health Services Union of NSW. The dispute was brought before the Fair Work Commission, which must approve such agreements if they meet certain criteria. The unions argued that the proposed agreement should be approved, while the applicant contested some of the terms, particularly those related to pay and conditions. The central legal issue was whether the agreement complied with the Fair Work Act 2009, specifically whether it met the ‘better off overall test’ and was free from prohibited content. The Commission needed to determine if the agreement provided employees with benefits that were at least as good as their previous conditions or the relevant award, and if it did not include any provisions that would be unlawful or against public policy.

The Fair Work Commission found that the agreement largely met the requirements of the Act. It concluded that the proposed conditions were at least as favourable as the employees’ previous conditions or the applicable award, thus satisfying the ‘better off overall test’. The Commission also determined that the agreement did not include any prohibited content, such as provisions that would undermine industrial relations protections or public policy. The Commission highlighted the importance of the negotiation process and the compromises made by both parties, which resulted in an agreement that balanced the interests of the employer and the employees. The decision was based on a detailed analysis of the agreement’s provisions and the evidence presented by both the applicant and the unions.

As a result of the Commission’s findings, the enterprise agreement was approved. The approval ensures that the terms and conditions set out in the agreement will apply to the employees covered by it, providing a legally binding framework for their employment. The decision underscores the importance of achieving a fair and reasonable agreement through negotiation and the role of the Commission in ensuring that such agreements meet the statutory requirements. The approval of the agreement provides certainty for both the employer and the employees, facilitating a stable industrial relations environment. The Commission’s decision was made in accordance with the legislative framework and the principles of fairness and reasonableness that underpin the Fair Work Act.

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