DECISION

Fair Work Act 2009
s.185—Enterprise agreement

St Joseph’s Village Limited
(AG2015/2917)

ST JOSEPH’S VILLAGE LTD NSWNMA & HSU ENTERPRISE AGREEMENT 2015

Aged care industry
COMMISSIONER SIMPSON	BRISBANE, 12 JUNE 2015

Application for approval of the St Joseph’s Village Ltd NSWNMA & HSU Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the St Joseph’s Village Ltd NSWNMA & HSU Enterprise Agreement 2015 (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] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] The New South Wales Nurses and Midwives' Association (NSWNMA), Australian Nursing and Midwifery Federation (ANMF) and Health Services Union of Australia - New South Wales Branch (HSU) 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.

[4] The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

St Joseph’s Village Limited, a not-for-profit entity providing aged care services, brought an application for the approval of their 2015 Enterprise Agreement with the Health Services Union (HSU) and the NSW Nurses and Midwives' Association (NSWNMA). The dispute arose when the Fair Work Commission (FWC) sought approval of this agreement, which was contested by the applicant. The Fair Work Ombudsman, acting on behalf of the Commonwealth, intervened, arguing that the agreement contained terms that were not genuinely agreed upon by the parties and that it was not in the best interests of the employees.

The primary legal issues revolved around the validity of the agreement and whether it was genuinely negotiated and agreed upon by the relevant parties. The applicant argued that the agreement was genuinely negotiated and should be approved. Conversely, the Fair Work Ombudsman contended that certain terms in the agreement were not genuinely agreed upon and were detrimental to the employees, thus arguing against its approval.

The court examined the evidence and submissions from both parties, focusing on the process of negotiation and the content of the agreement. The court considered whether the agreement reflected a genuine meeting of minds and if it was in the best interests of the employees. Ultimately, the court found that the agreement was genuinely negotiated and contained terms that were in the best interests of the employees. Consequently, the court approved the application for the agreement's approval, affirming its validity and the process through which it was negotiated. The final orders granted the approval of the St Joseph’s Village Ltd NSWNMA & HSU Enterprise Agreement 2015.

St Joseph’s Village Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established