DECISION

Fair Work Act 2009
s.185—Enterprise agreement

St Ezekial Moreno Limited T/A St Ezekial Moreno Nursing Home
(AG2017/2900)

ST EZEKIAL MORENO LIMITED, NSWNMA, ANMF NSW BRANCH AND HSU NEW SOUTH WALES BRANCH ENTERPRISE AGREEMENT 2017

Aged care industry
COMMISSIONER SAUNDERS	MELBOURNE, 6 SEPTEMBER 2017

Application for approval of the St Ezekial Moreno Limited, NSWNMA, ANMF NSW Branch and HSU New South Wales Branch Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as St Ezekial Moreno Limited, NSWNMA, ANMF NSW Branch and HSU New South Wales Branch Enterprise Agreement 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 Ezekial Moreno Limited T/A St Ezekial Moreno Nursing Home.The Agreement is a single enterprise agreement.

[2] 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.

[3] 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.

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

[5] 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.

[6] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[7] The Australian Nursing and Midwifery Federation, New South Wales Nurses and Midwives’ Association and 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 13 September 2017. 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 Ezekial Moreno Limited T/A St Ezekial Moreno Nursing Home sought approval for the 2017 Enterprise Agreement (EA) from the Fair Work Commission. The applicant, a nursing home operator, and three unions, namely the NSW Nurses and Midwives Association, the Australian Nursing and Midwifery Federation NSW Branch, and the Health Services Union New South Wales Branch, argued that the EA was appropriate for approval under the Fair Work Act 2009. The unions represented the nursing home's employees, and the EA outlined the terms and conditions of employment for these workers.

The legal issues before the court involved determining whether the EA met the requirements for approval under the Fair Work Act. This included assessing whether the EA facilitated the improvement of workplace relations and whether it was made in good faith and without coercion. The unions argued that the EA promoted better workplace relations by providing fair and reasonable terms of employment, while the applicant contended that the EA was necessary to maintain the nursing home's financial viability and operational efficiency.

The Fair Work Commission found that the EA was made in good faith and without coercion, and that it facilitated the improvement of workplace relations. The Commission considered the EA's provisions on wages, working conditions, and dispute resolution mechanisms, concluding that they provided a fair and reasonable outcome for both the applicant and the employees. The Commission approved the EA, acknowledging the importance of maintaining a stable and cooperative relationship between the nursing home and its employees. The approval of the EA ensures that the nursing home can continue to operate effectively while providing fair terms and conditions of employment for its workers.

St Ezekial Moreno Limited T/A St Ezekial Moreno Nursing Home

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established