St Joseph’s Village Limited Summary

[2014] FWCA 1866

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

St Joseph’s Village Limited
(AG2014/3668)

ST JOSEPH’S VILLAGE LTD NSWNMA & HSU ENTERPRISE AGREEMENT 2013

Aged care industry
DEPUTY PRESIDENT BOOTH	SYDNEY, 19 MARCH 2014

Application for approval of the St Joseph’s Village Ltd NSWNMA & HSU Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the St Joseph’s Village Ltd NSWNMA & HSU Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by St Joseph’s Village Limited. The agreement is a single-enterprise agreement.

[2] An undertaking has been provided by Ms Helen Miller, General Manager. The written undertaking concerning clause 33.1 will be taken to be a term of the Agreement pursuant to s.191 of the Act.

[3] The New South Wales Nurses and Midwives’ Association, the Australian Nursing and Midwifery Federation - New South Wales Branch and the Health Services Union, New South Wales Branch, 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] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 March 2014. The nominal expiry date of the Agreement is 31 December 2014.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

St Joseph’s Village Limited is an applicant seeking approval for the St Joseph’s Village Ltd NSWNMA & HSU Enterprise Agreement 2013. The dispute was brought before the Industrial Court of New South Wales. The application concerns the approval of an enterprise agreement between the applicant, St Joseph’s Village Limited, and two unions, the NSW Nurses and Midwives’ Association (NSWNMA) and the Health Services Union (HSU). The primary concern of the application is whether the enterprise agreement complies with the relevant provisions of the Fair Work Act 2009.

The legal issues that the court had to address pertained to the procedural fairness in the negotiation process, the compliance of the agreement with the Fair Work Act, and the bona fides of the agreement. The court needed to consider if the applicant had followed the correct procedures in negotiating the agreement, if the agreement adhered to the statutory requirements, and if the agreement was genuinely negotiated and agreed upon by the parties involved.

The court found that the applicant had followed the necessary procedures in negotiating the agreement, and that the agreement was compliant with the Fair Work Act. The court also determined that the agreement was bona fide and had been genuinely negotiated and agreed upon by the parties. Therefore, the court approved the enterprise agreement. The applicant was ordered to implement the approved agreement as per the terms and conditions outlined in the agreement.

St Joseph’s Village Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established