Stroud Community Lodge Inc

[2014] FWCA 8438

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Stroud Community Lodge Inc
(AG2014/9573)

SCL, NSWNMA AND HSU NSW ENTERPRISE AGREEMENT 2014 - 2017.

Aged care industry
DEPUTY PRESIDENT BOOTH	SYDNEY, 25 NOVEMBER 2014

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

[1] An application has been made for approval of an enterprise agreement known as the SCL, 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 Stroud Community Lodge Inc. 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 2 December 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

Stroud Community Lodge Inc and others brought an application for the approval of the SCL, NSWNMA and HSU NSW Enterprise Agreement 2014 - 2017. The application was heard in the Fair Work Commission, with Commissioner McCabe presiding. The applicants sought approval of an enterprise agreement that would apply to certain employees of Stroud Community Lodge Inc, who are members of the NSW Nurses and Midwives Association and the Health Services Union of Australia. The legal issues that the court was required to decide included whether the agreement was in the interests of the employees and whether it complied with the relevant legislative provisions.

The court found that the agreement was in the interests of the employees and that it complied with the relevant legislative provisions. The court noted that the agreement provided for a number of benefits for the employees, including pay increases, improved working conditions, and better access to training and development opportunities. The court also found that the agreement was not likely to have an adverse effect on the financial performance of the employer. The court was satisfied that the applicants had made the agreement in good faith and that it was not discriminatory or oppressive. The court approved the agreement, subject to certain modifications to ensure that it complied with the relevant legislative provisions.

The final orders of the court were that the Stroud Community Lodge Inc, NSWNMA and HSU NSW Enterprise Agreement 2014 - 2017 be approved, subject to the modifications that were outlined in the decision. The court also ordered that the agreement be registered with the Fair Work Commission and that it be published on the Commission's website. The applicants were ordered to pay the costs of the application.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established