DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Stella Maris Aged Care Facility Limited
(AG2015/2919)

STELLA MARIS AGED CARE FACILITY LIMITED, NSWNMA & HSU ENTERPRISE AGREEMENT (NSW) 2015

Aged care industry
COMMISSIONER SIMPSON	BRISBANE, 12 JUNE 2015

Application for approval of the Stella Maris Aged Care Facility Limited, NSWNMA & HSU Enterprise Agreement (NSW) 2015.

[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) 2015 (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] 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

The application before the Fair Work Commission was for approval of the Stella Maris Aged Care Facility Limited, NSWNMA & HSU Enterprise Agreement (NSW) 2015. The dispute arose from the negotiations between the employer and the union representing the employees, the Health Services Union. The employer, a provider of aged care services in New South Wales, sought to implement certain changes to the existing enterprise agreement to better align with its operational needs and to address issues of efficiency and cost-effectiveness. The union, on the other hand, aimed to protect the rights and conditions of its members while negotiating for fair wages and conditions.

The central legal issues before the Commission were whether the proposed changes in the enterprise agreement complied with the relevant provisions of the Fair Work Act 2009. Specifically, the Commission needed to determine if the changes were procedurally fair and if they met the 'better off overall test', which requires that employees be no worse off and preferably better off overall as a result of the new agreement. Additionally, the Commission had to consider whether the agreement adhered to the 'good faith' bargaining principle, ensuring that the negotiations were conducted genuinely and in good faith.

The Fair Work Commission found that the negotiations between the parties were conducted in good faith and that the proposed changes met the procedural requirements of the Act. The Commission concluded that the employees would be better off overall under the new agreement due to improved wages and conditions, thus satisfying the better off overall test. The Commission also noted that the changes did not unfairly disadvantage any class of employees and were necessary for the employer to remain competitive and sustainable. Consequently, the Commission approved the enterprise agreement, finding it to be fair and reasonable in all respects.

The final orders of the Commission included the approval of the Stella Maris Aged Care Facility Limited, NSWNMA & HSU Enterprise Agreement (NSW) 2015, effective from the date of the decision. The agreement was certified as meeting the requirements of the Fair Work Act 2009, and it was to be applied to the employees covered by the agreement. The decision also mandated that both parties adhere to the terms of the approved agreement, ensuring that it was implemented in a manner consistent with the findings of the Commission.

Stella Maris Aged Care Facility Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established