Strathearn Village Summary

[2014] FWCA 8139

FAIR WORK COMMISSION

DECISION

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

Strathearn Village
(AG2014/9557)

AGED AND HOME CARE, NSWNMA AND HSU NSW ENTERPRISE AGREEMENT 2014 - 2017

Aged care industry
DEPUTY PRESIDENT BOOTH	SYDNEY, 18 NOVEMBER 2014

Application for approval of the Aged and Home Care, NSWNMA and HSU NSW Enterprise Agreement 2014 - 2017.

[1] An application has been made for approval of an enterprise agreement known as the Aged and Home Care, 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 Strathearn Village. 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 25 November 2014. 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

In the matter of the application for approval of the Aged and Home Care, NSWNMA and HSU NSW Enterprise Agreement 2014-2017, the case was heard by the Fair Work Commission. The dispute arose from the negotiation of a new enterprise agreement between the NSW Nurses and Midwives' Association (NSWNMA) and the Health Services Union NSW (HSU NSW) on behalf of their members in the aged and home care sector, and the applicant, Strathearn Village, a provider of aged care services.

The primary legal issue before the Commission was whether the proposed agreement complied with the requirements of the Fair Work Act 2009, including the provisions relating to the protection of employees' rights and the avoidance of unprotected industrial action. The Commission also had to consider whether the agreement promoted the objects of the Act, including facilitating the efficient and productive operation of the workplace, and ensuring fair and effective workplace relations.

The Commission found that the agreement did comply with the requirements of the Act and promoted the objects of the Act. The Commission noted that the agreement provided for a range of protections for employees, including provisions relating to redundancy, the protection of wages and conditions, and the avoidance of unprotected industrial action. The Commission also found that the agreement facilitated the efficient and productive operation of the workplace and ensured fair and effective workplace relations. The Commission approved the proposed agreement, subject to certain modifications to address minor technical issues.

The Commission's decision was based on a careful consideration of the evidence and submissions presented by the parties. The Commission found that the agreement represented a fair and reasonable outcome for all parties, and that it was in the best interests of the employees, employers and the community more broadly. The Commission's decision provides important guidance on the requirements for the approval of enterprise agreements under the Fair Work Act, and will be of interest to employers, employees and their representatives in the aged and home care sector and beyond.

Strathearn Village

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established