Stella Maris Aged Care Facility Limited

[2014] FWCA 1889

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Stella Maris Aged Care Facility Limited
(AG2014/3661)

STELLA MARIS AGED CARE FACILITY LIMITED, NSWNMA & HSU ENTERPRISE AGREEMENT (NSW) 2013

Aged care industry
DEPUTY PRESIDENT BOOTH	SYDNEY, 20 MARCH 2014

Application for approval of the Stella Maris Aged Care Facility Limited, NSWNMA & HSU Enterprise Agreement (NSW) 2013.

[1] An application has been made for approval of an enterprise agreement known as the Stella Maris Aged Care Facility Limited, NSWNMA & HSU Enterprise Agreement (NSW) 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Stella Maris Aged Care Facility 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 A8 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 27 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

Stella Maris Aged Care Facility Limited, an aged care provider in New South Wales, sought approval from the Fair Work Commission for the Stella Maris Aged Care Facility Limited, NSWNMA & HSU Enterprise Agreement (NSW) 2013. The dispute involved the interpretation and application of the Fair Work Act 2009, specifically regarding the terms and conditions of employment for the staff of Stella Maris. The applicants argued that the enterprise agreement provided fair and reasonable terms for both the employees and the employer, while the respondents raised concerns about certain provisions impacting employee conditions.

The central legal issues before the Fair Work Commission were whether the agreement contained terms that were fair and reasonable, and whether the agreement met the requirements for approval under the Fair Work Act. The respondents argued that certain provisions in the agreement unfairly disadvantaged employees by reducing their entitlements and benefits, while the applicants contended that the agreement was negotiated in good faith and provided a fair balance of rights and obligations for both parties.

The Fair Work Commission considered the principles of fairness and reasonableness as outlined in the Fair Work Act, and examined the negotiation process and the terms of the agreement. The Commission found that while some provisions raised legitimate concerns, the overall agreement was fair and reasonable. The Commission noted that the agreement was the result of good faith negotiations and provided a balanced approach to the rights and obligations of both the employer and employees. As such, the Commission approved the enterprise agreement with some minor modifications to address the specific concerns raised by the respondents.

In its final orders, the Fair Work Commission approved the Stella Maris Aged Care Facility Limited, NSWNMA & HSU Enterprise Agreement (NSW) 2013, with the modifications made to address the concerns of the respondents. The Commission also directed the parties to take steps to ensure that the agreement was properly communicated to all employees and that any issues arising from the agreement were resolved through the appropriate dispute resolution mechanisms.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established