St Elizabeth Home

[2024] FWCA 1283

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

St Elizabeth Home

(AG2024/540)

ST ELIZABETH HOME, NSWNMA AND HSU NSW ENTERPRISE AGREEMENT 2023

Aged Care Industry
COMMISSIONER CRAWFORD	SYDNEY, 10 APRIL 2024

Application for approval of the St Elizabeth Home, NSWNMA and HSU NSW Enterprise Agreement 2023

An application has been made for approval of an enterprise agreement known as the St Elizabeth Home, 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 Elizabeth Home (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 by St Elizabeth Home for the approval of the St Elizabeth Home, NSWNMA and HSU NSW Enterprise Agreement 2023. The parties involved were St Elizabeth Home, the New South Wales Nurses and Midwives’ Association (NSWNMA) and the Health Services Union NSW (HSU NSW). The application was brought before the Federal Court of Australia, which was required to determine whether the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The legal issues before the court were whether the enterprise agreement complied with the procedural requirements and substantive provisions of the Fair Work Act. Specifically, the court needed to assess whether the agreement had been negotiated in good faith, involved genuine bargaining, and met the standards set by the Act. The court also had to consider the impact of the agreement on the employees and the organisation, including whether it provided fair and reasonable terms and conditions of employment.

In delivering its decision, the court found that the application met the necessary criteria for approval. The court determined that the agreement had been negotiated in good faith, involved genuine bargaining, and provided fair and reasonable terms and conditions of employment. The court also found that the agreement met the standards set by the Fair Work Act. The court was satisfied that the agreement would not have an adverse effect on the employees or the organisation.

The court approved the St Elizabeth Home, NSWNMA and HSU NSW Enterprise Agreement 2023. The agreement was deemed to be a valid and enforceable enterprise agreement under the Fair Work Act. The approval of the agreement ensures that the employees of St Elizabeth Home are provided with fair and reasonable terms and conditions of employment, and that the organisation can operate in a manner that is consistent with the provisions of the Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established