DECISION

Fair Work Act 2009
s.185—Enterprise agreement

TBG Senior Living Services Pty Ltd
(AG2017/3674)

TBG SENIOR LIVING SERVICES PTY LTD, NSWNWA, ANMF NSW BRANCH AND HSU NEW SOUTH WALES BRANCH ENTERPRISE AGREEMENT 2017

Aged care industry
COMMISSIONER SAUNDERS	NEWCASTLE, 19 SEPTEMBER 2017

Application for approval of the TBG Senior Living Services Pty Ltd, NSWNWA, 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 TBG Senior Living Services Pty Ltd, NSWNWA, 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 TBG Senior Living Services 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 26 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

TBG Senior Living Services Pty Ltd applied for the approval of the TBG Senior Living Services Pty Ltd, NSWNWA, ANMF NSW Branch and HSU New South Wales Branch Enterprise Agreement 2017. The application was heard in the Fair Work Commission. The dispute centred on whether the enterprise agreement met the criteria for approval under the Fair Work Act 2009, specifically concerning the procedural fairness and the best interests of the employees.

The legal issues the court had to resolve included whether the agreement was genuinely negotiated, the fairness of the negotiation process, and whether the agreement was in the best interests of the employees. The court had to assess the evidence provided by the applicant to determine if the agreement complied with the statutory requirements.

The Fair Work Commission concluded that the application for approval was valid and that the enterprise agreement was genuinely negotiated. The court found that the negotiation process was fair and that the agreement was in the best interests of the employees. Consequently, the court approved the enterprise agreement.

The final order of the Fair Work Commission was that the TBG Senior Living Services Pty Ltd, NSWNWA, ANMF NSW Branch and HSU New South Wales Branch Enterprise Agreement 2017 be approved. This decision ensures that the agreement can be implemented, providing a framework for the employment conditions of the parties involved.

TBG Senior Living Services 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