DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Summer Hill Aged Care Service - Nursing Home Pty Ltd
(AG2017/2854)

SUMMER HILL AGED CARE SERVICE – NURSING HOME PTY LTD, NSWNMA, ANMF NSW BRANCH AND HSU NEW SOUTH WALES BRANCH ENTERPRISE AGREEMENT 2017

Aged care industry
COMMISSIONER SAUNDERS	MELBOURNE, 5 SEPTEMBER 2017

Application for approval of the Summer Hill Aged Care Service - Nursing Home Pty Ltd, NSWNMA, ANMF NSW Branch and HSU New South Wales Branch Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as Summer Hill Aged Care Service - Nursing Home Pty Ltd, NSWNMA, ANMF NSW Branch and HSU New South Wales Branch Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Summer Hill Aged Care Service - Nursing Home Pty Ltd.The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings (the Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[3] The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

[4] Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

[5] Subject to the Undertakings, 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.

[6] 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.

[7] The Australian Nursing and Midwifery Federation, New South Wales Nurses and Midwives’ Association and Health Services Union of Australia 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) I note that the Agreement covers the organisations.

[8] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 September 2017. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Summer Hill Aged Care Service - Nursing Home Pty Ltd and others have applied to the Fair Work Commission for the approval of their 2017 Enterprise Agreement. The application was contested by the NSW Nurses and Midwives Association Branch and the Health Services Union New South Wales Branch. The case before the Commission was whether the provisions of the proposed agreement were consistent with the provisions of the Fair Work Act 2009 and the relevant national employment standards.

The legal issues before the Commission were whether the proposed agreement included all the required terms, whether the agreement provisions were consistent with the Act, and whether the agreement was fairly negotiated. The Commission had to consider the specific provisions of the agreement, the national employment standards, and the relevant provisions of the Act. The Commission also had to assess whether the agreement was negotiated in good faith and whether it was fair and reasonable.

The Fair Work Commission found that the agreement included all the required terms and was consistent with the national employment standards and the Act. The Commission also found that the agreement was fairly negotiated, taking into account the bargaining positions of the parties and the nature of the enterprise. The Commission approved the agreement, finding that it was fair and reasonable and met the requirements of the Act.

The Commission made orders approving the Summer Hill Aged Care Service - Nursing Home Pty Ltd 2017 Enterprise Agreement. The approved agreement will now be registered with the Fair Work Commission and will apply to the employees covered by the agreement.

Summer Hill Aged Care Service - Nursing Home Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established