DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

St Elizabeth Home Aged Care Facility
(AG2015/2197)

THE ST ELIZABETH HOME, NSWNMA AND HSU NSW ENTERPRISE AGREEMENT 2014 - 2017

Aged care industry
DEPUTY PRESIDENT BOOTH	SYDNEY, 2 APRIL 2015

Application for approval of The St Elizabeth Home, NSWNMA and HSU NSW Enterprise Agreement 2014 - 2017.

[1] An application has been made for approval of an enterprise agreement known as The St Elizabeth Home, 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 Elizabeth Home Aged Care Facility. 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 8 April 2015. 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

The matter before the court involved an application for the approval of an enterprise agreement between The St Elizabeth Home, the New South Wales Nurses and Midwives' Association (NSWNMA) and the Health Services Union New South Wales (HSU NSW). The dispute centred on the terms and conditions of employment for nurses and other staff at the aged care facility. The application was heard by the Fair Work Commission (FWC) under the Fair Work Act 2009.

The central legal issues that the FWC was required to determine were whether the proposed enterprise agreement met the criteria for approval under the Fair Work Act, including whether the agreement was in the best interests of the employees and whether it complied with the provisions for direct engagement. The FWC also had to consider if the agreement appropriately balanced the interests of both the employer and the employees and whether any detriments imposed by the agreement were justified.

In its decision, the FWC examined the evidence and submissions provided by both parties. The FWC noted that the agreement had been negotiated in good faith and that it contained provisions that were in the best interests of the employees, including provisions on pay rates, conditions of employment, and dispute resolution mechanisms. The FWC concluded that the agreement did not unfairly disadvantage any of the parties and was in compliance with the relevant provisions of the Fair Work Act. The FWC found that the proposed agreement was fair and appropriate and approved it accordingly.

The FWC's final order was that the St Elizabeth Home, NSWNMA and HSU NSW Enterprise Agreement 2014 - 2017 be approved. This decision provided a framework for the employment terms and conditions for the duration of the agreement, ensuring that both the employer and employees had a clear understanding of their rights and obligations.

St Elizabeth Home Aged Care Facility

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established