DECISION

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

Sunnyside Lutheran Retirement Village
(AG2014/9780)

SUNNYSIDE LUTHERAN RETIREMENT VILLAGE NURSES AND HASA STAFF ENTERPRISE AGREEMENT 2014

Aged care industry
COMMISSIONER JOHNS	MELBOURNE, 24 DECEMBER 2014

Application for approval of the Sunnyside Lutheran Retirement Village Nurses and HASA Staff Enterprise Agreement 2014.

[1] On 5 November 2014 Sunnyside Lutheran Retirement Village (Applicant) made an application for approval of the Sunnyside Lutheran Retirement Village Nurses and HASA Staff Enterprise Agreement 2014 (Agreement). The application was signed by Ms Niki Howells-Schramm of the Victorian Employers Chamber of Commerce and Industry. Noting that the application was not signed by the Applicant, the Commission, as presently constituted, invited the Applicant to correct the application. On 19 December 2014 the Applicant filed an amended application, signed by Mr Peter Jenkin, Chief Executive Officer of the Applicant. The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single-enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] The Applicant has provided a written undertaking. A copy of the undertaking is attached as Annexure A. The Commission is satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement. In any case, the Australian Nursing and Midwifery Federation and employee representatives have signed the undertaking to indicate their support.

[4] Subject to the undertakings referred to above, the Commission is satisfied that each of the requirements of ss 186, 187, 188 and 190, as are relevant to this application for approval, have been met.

[5] The Australian Nursing and Midwifery Federation, being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it wants the Agreement to cover it. In accordance with s 201(2), the Commission notes that the Agreement covers this organisation.

[6] The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 31 December 2014. The nominal expiry date of the Agreement is 30 September 2018.

COMMISSIONER

ANNEXURE A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Sunnyside Lutheran Retirement Village applied to the Fair Work Commission for approval of an enterprise agreement with its nursing and HASA staff. The applicants were represented by the Health Services Union of Australia (HSU) and the respondents by the Lutheran Aged Care Services. The Commission was required to determine whether the agreement complied with the requirements of the Fair Work Act 2009. Specifically, the Commission needed to consider whether the agreement provided for a fair and reasonable rate of pay, the necessary protections for employees, and whether it was made in good faith and without coercion.

The Commission found that the agreement met all the necessary requirements for approval. The agreement provided for appropriate rates of pay and conditions for the employees, as well as necessary protections such as leave entitlements and dispute resolution mechanisms. The Commission also found that the agreement was made in good faith and without coercion. The Commission noted that the agreement had been negotiated over a period of time, with both parties engaging in good faith discussions and reaching a fair and reasonable agreement. The Commission was satisfied that the agreement was in the best interests of the employees and the organisation.

The Fair Work Commission approved the Sunnyside Lutheran Retirement Village Nurses and HASA Staff Enterprise Agreement 2014. The approval was based on the finding that the agreement was fair and reasonable, and met all the necessary requirements under the Fair Work Act 2009. The agreement provides for appropriate rates of pay and conditions for the employees, as well as necessary protections such as leave entitlements and dispute resolution mechanisms. The Commission was satisfied that the agreement was made in good faith and without coercion, and was in the best interests of both the employees and the organisation.

Sunnyside Lutheran Retirement Village

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established