DECISION

Fair Work Act 2009
s.185—Enterprise agreement

St Catherine’s Hostel Wangaratta Inc T/A St Catherine’s Hostel
(AG2015/5725)

ST CATHERINES HOSTEL WANGARATTA INC (TRADING AS ST CATHERINE’S HOSTEL), ANMF AND HSU ENTERPRISE AGREEMENT 2014

Health and welfare services
COMMISSIONER CRIBB	MELBOURNE, 16 OCTOBER 2015

Application for approval of the St Catherines Hostel Wangaratta Inc (trading as St Catherine’s Hostel), ANMF and HSU Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the St Catherines Hostel Wangaratta Inc (trading as St Catherine’s Hostel), ANMF and HSU Enterprise Agreement 2014 (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 Hostel Wangaratta Inc T/A St Catherine’s Hostel. The agreement is a single-enterprise agreement.

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

[3] The Australian Nursing and Midwifery Federation (ANMF) and Health Services Union of Australia (HSU) 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 the organisations.

[4] The Agreement was approved in Chambers on 16 October 2015 and, in accordance with s.54 of the Act, will operate from 23 October 2015. The nominal expiry date of the Agreement is 31 May 2017.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, St Catherine’s Hostel Wangaratta Inc (trading as St Catherine’s Hostel) sought approval for an Enterprise Agreement. The Australian Nursing and Midwifery Federation (ANMF) and the Health Services Union (HSU) were the registered bargaining agents for the employees. The dispute centred on whether the agreement met the necessary criteria under the Fair Work Act 2009 for approval, including whether it contained the mandated minimum terms and conditions, and whether it was free from any unfair content. The Commission needed to determine if the agreement was in the best interests of the employees it covered and whether it complied with the statutory requirements.

The legal issues before the Commission involved assessing the content of the agreement against the legislative standards and ensuring it met the criteria for approval. This included verifying the agreement’s provisions against the Fair Work Act’s mandated minimum terms and conditions, and examining whether any terms were unfair under the Act. The Commission also had to consider the process by which the agreement was made, ensuring it adhered to the requirements for genuine negotiation and agreement.

After careful review, the Commission found that the St Catherine’s Hostel Enterprise Agreement 2014 contained the mandated minimum terms and conditions as required by the Fair Work Act. The Commission also determined that the agreement was free from any unfair content and was in the best interests of the employees it covered. The bargaining process was found to be genuine and compliant with the legislative requirements. Consequently, the Commission approved the agreement, noting that it met all statutory criteria and was in the best interests of the employees.

The final orders of the Commission were that the St Catherine’s Hostel Enterprise Agreement 2014, as proposed, be approved. The agreement was to be registered and would come into effect from the date of the Commission’s decision. This approval meant that the terms and conditions set out in the agreement would govern the employment relationship between St Catherine’s Hostel and the employees covered by the agreement.

St Catherine’s Hostel Wangaratta Inc T/A St Catherine’s Hostel

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established