DECISION

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

St. Josephs' Aged Care Facility for Religious Limited
(AG2015/1937)

ST. JOSEPHS' AGED CARE FACILITY FOR RELIGIOUS LIMITED, NSWNMA AND HSU NSW ENTERPRISE AGREEMENT 2014 - 2017.

Aged care industry
DEPUTY PRESIDENT BOOTH	SYDNEY, 10 MARCH 2015

Application for approval of the St. Josephs’ Aged Care Facility for Religious Limited, NSWNMA and HSU NSW Enterprise Agreement 2014-2017.

[1] An application has been made for approval of an enterprise agreement known as the St. Josephs’ Aged Care Facility for Religious Limited, 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. Josephs’ Aged Care Facility for Religious Limited. 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 17 March 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

St. Josephs' Aged Care Facility for Religious Limited applied to the Industrial Court of New South Wales for approval of the NSWNMA and HSU NSW Enterprise Agreement 2014-2017. The application was made in the context of the facility's need to comply with the requirements of the Fair Work Act 2009. The dispute involved the interpretation of the agreement's provisions and whether it met the necessary criteria for approval under the Act.

The primary legal issue before the court was whether the enterprise agreement complied with the procedural and substantive requirements of the Fair Work Act. Specifically, the court had to determine if the agreement was made in good faith and if it contained the necessary minimum terms and conditions as prescribed by the Act. Additionally, the court examined whether the agreement was consistent with the objectives of the Act, including promoting high standards of employment and ensuring that the agreement was fair and reasonable.

The court found that the enterprise agreement was valid and met the criteria for approval. It concluded that the agreement was made in good faith and contained all the required minimum terms and conditions. Furthermore, the court determined that the agreement was fair and reasonable and aligned with the objectives of the Fair Work Act. The court was satisfied that the agreement provided a fair and equitable resolution of the employment terms between the employer and the employees.

The final orders of the court were to approve the NSWNMA and HSU NSW Enterprise Agreement 2014-2017 for the St. Josephs' Aged Care Facility for Religious Limited. The agreement was deemed to be compliant with the Fair Work Act and was therefore approved for implementation.

St. Josephs' Aged Care Facility for Religious Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established