St Hedwig Village

[2014] FWCA 8073

FAIR WORK COMMISSION

DECISION

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

St Hedwig Village
(AG2014/9331)

ST HEDWIG VILLAGE, NSWNMA AND HSU NSW ENTERPRISE AGREEMENT 2014 - 2017

Aged care industry
DEPUTY PRESIDENT BOOTH	SYDNEY, 13 NOVEMBER 2014

Application for approval of the St Hedwig Village, NSWNMA and HSU NSW Enterprise Agreement 2014 - 2017.

[1] An application has been made for approval of an enterprise agreement known as the St Hedwig Village, 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 Hedwig Village. The agreement is a single-enterprise agreement.

[1] 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.

[2] 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.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 November 2014. 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

In the matter of St Hedwig Village, the applicants sought approval of the St Hedwig Village, NSWNMA and HSU NSW Enterprise Agreement 2014-2017. The applicants were St Hedwig Village, NSWNMA and HSU NSW. The nature of the dispute was the need for court approval of an enterprise agreement. The matter was heard in the Fair Work Commission.

The legal issues the court was required to decide were whether the enterprise agreement met the criteria for approval under the Fair Work Act 2009. The applicants had to demonstrate that the agreement had been made in good faith, and that the necessary procedural fairness had been afforded to the parties involved. The court also had to consider whether the agreement was in the best interests of the employees and the employer.

The court found that the enterprise agreement met the criteria for approval. The applicants had demonstrated that the agreement had been made in good faith and that the necessary procedural fairness had been afforded to the parties involved. The court was satisfied that the agreement was in the best interests of the employees and the employer, as it provided for fair and reasonable terms and conditions of employment. The court approved the enterprise agreement, and it came into effect on 1 April 2014.

The court made an order approving the St Hedwig Village, NSWNMA and HSU NSW Enterprise Agreement 2014-2017. The agreement was approved as a registered agreement under the Fair Work Act 2009. The agreement would remain in force until 31 March 2017, or until it was terminated or varied by a future enterprise agreement. The applicants were authorised to give notice to their employees of the approval of the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established