The Abel Tasman Village Association Limited

[2024] FWCA 1284

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

The Abel Tasman Village Association Limited

(AG2024/517)

THE ABEL TASMAN VILLAGE ASSOCIATION LTD, NSWNMA AND HSU NSW ENTERPRISE AGREEMENT 2023

Aged Care Industry
COMMISSIONER CRAWFORD	SYDNEY, 10 APRIL 2024

Application for approval of The Abel Tasman Village Association Ltd, NSWNMA and HSU NSW Enterprise Agreement 2023

An application has been made for approval of an enterprise agreement known as The Abel Tasman Village Association Ltd, NSWNMA and HSU NSW Enterprise Agreement 2023 (Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (FW Act). It has been made by The Abel Tasman Village Association Limited (Applicant). The Agreement is a single enterprise agreement.

The Applicant has provided written undertakings. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

Subject to the undertakings referred to above, I am satisfied that each requirement of ss.186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

Noting clause 8.2 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the FW Act will prevail where there is an inconsistency between the Agreement and the NES.

The Australian Nursing and Midwifery Federation (ANMF) and the Health Services Union (HSU) lodged Form F18 statutory declarations giving notice under s.183 of the FW Act that they want the Agreement to cover them. In accordance with s.201(2) of the FW Act, I note the Agreement covers the ANMF and the HSU.

The Agreement is approved and will operate from seven days after approval in accordance with s.54 of the FW Act. The nominal expiry date of the Agreement is 1 August 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Abel Tasman Village Association Limited, along with the New South Wales Nurses and Midwives' Association (NSWNMA) and the Health Services Union of New South Wales (HSU NSW), applied for the approval of their 2023 Enterprise Agreement. The application was brought before the Fair Work Commission. The central dispute centred around whether the proposed agreement complied with the requirements of the Fair Work Act 2009 and if it provided fair terms and conditions for employees.

The primary legal issues the Commission had to resolve involved assessing whether the agreement met the necessary standards for approval under the Fair Work Act. This included evaluating if the agreement appropriately balanced the interests of the employer and the employees, and if it complied with the provisions for modern awards and other relevant legislation. The Commission also had to determine whether the agreement was genuinely bargained, fairly negotiated and whether it provided for fair and reasonable terms and conditions for the employees involved.

The Fair Work Commission deliberated on the evidence presented, including submissions from the parties involved, and examined the provisions of the proposed agreement. The Commission concluded that the agreement was genuinely negotiated and provided fair and reasonable terms and conditions for the employees. It was found that the agreement met the requirements of the Fair Work Act, including compliance with modern awards and other relevant legislation. The Commission approved the application, thereby granting the 2023 Enterprise Agreement between The Abel Tasman Village Association Limited, NSWNMA and HSU NSW. The Commission found the agreement to be fair and balanced, adequately protecting the rights and interests of both the employer and employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established