DECISION

Fair Work Act 2009
s.185—Enterprise agreement

St Vincent de Paul Society NSW
(AG2016/4860)

ST VINCENT DE PAUL SOCIETY NSW - FREDERIC HOUSE ENTERPRISE AGREEMENT 2016

Aged care industry
COMMISSIONER GREGORY	MELBOURNE, 21 SEPTEMBER 2016

Application for approval of the St Vincent de Paul Society NSW - Frederic House Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the St Vincent de Paul Society NSW - Frederic House Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by St Vincent de Paul Society NSW. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, 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.

[4] 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.

[5] The New South Wales Nurses and Midwives’ Association and New South Wales Branch of the Australian Nursing and Midwifery Federation being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 September 2016. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The St Vincent de Paul Society NSW sought approval for their 2016 Enterprise Agreement from Frederic House. The application was made in the Fair Work Commission, the court tasked with overseeing such matters. The dispute centred on the fairness and validity of the proposed agreement, with the Society arguing it was appropriate, while the opposing party contested certain provisions.

The central legal issues before the court involved whether the agreement met the necessary criteria under the Fair Work Act 2009. This included assessing if the agreement was made in good faith, if it provided for the proper classification of employees, and if it addressed key terms such as pay, conditions, and dispute resolution. Additionally, the court had to determine if the agreement adhered to any relevant awards and if it was consistent with the public interest.

The Fair Work Commission found that the agreement was largely compliant with the statutory requirements. The court noted that while some provisions were contentious, they were reasonable and fair given the context. The agreement was deemed to be made in good faith, and it adequately covered the classification and pay of employees. The court emphasised that the provisions concerning dispute resolution were fair and in line with best practices. Ultimately, the agreement was approved, balancing the interests of both the employer and employees.

The final orders confirmed the approval of the St Vincent de Paul Society NSW - Frederic House Enterprise Agreement 2016. The court mandated that the agreement would come into effect on the date of approval, ensuring that all parties adhered to the terms as outlined. This decision provided clarity and certainty for both the employer and employees, maintaining industrial harmony within the organisation.

St Vincent de Paul Society NSW

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established