DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Abel Tasman Village Association Limited T/A Abel Tasman Village
(AG2017/5228)

ABEL TASMAN VILLAGE, NSWNMA AND HSU NSW ENTERPRISE AGREEMENT 2017-2020

Aged care industry
COMMISSIONER SAUNDERS	NEWCASTLE, 27 MARCH 2018

Application for approval of the Abel Tasman Village, NSWNMA and HSU NSW Enterprise Agreement 2017-2020.

[1] An application has been made for approval of an enterprise agreement known as the Abel Tasman Village, NSWNMA and HSU NSW Enterprise Agreement 2017-2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by The Abel Tasman Village Association Limited T/A Abel Tasman Village. The Agreement is a single enterprise agreement.

[2] The Agreement lodged as part of the application for approval contained an error at page 82. On 26 March 2018, the Applicant filed an amended version of the Agreement pursuant to s.586 of the Act, correcting the error at page 82. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.

[3] 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.

[4] 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.

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

[6] 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.

[7] The Australian Nursing and Midwifery Federation and the 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 3 April 2018. 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

The Abel Tasman Village Association Limited, trading as Abel Tasman Village, sought approval of an enterprise agreement with the New South Wales Nurses and Midwives Association and the Health Services Union of NSW for the years 2017 to 2020. The Fair Work Commission was tasked with determining whether the agreement met the requirements for registration under the Fair Work Act 2009. The legal issues centred around whether the agreement complied with the provisions of the Fair Work Act, including whether it contained the mandated minimum terms and conditions, and whether it was made in good faith and without coercion.

The Commission assessed the agreement against the statutory criteria, scrutinising whether it included all the prescribed minimum terms and conditions, and whether it was made in good faith. The Commission also examined whether the parties had complied with the procedural requirements of the Act, including providing the necessary notices and ensuring that the agreement was not made under duress. The evidence presented by the parties included witness testimonies, documentation of the negotiation process, and submissions on the agreement's compliance with the law. After reviewing all the evidence, the Commission determined that the agreement complied with the requirements of the Fair Work Act.

Accordingly, the Commission approved the Abel Tasman Village, NSWNMA and HSU NSW Enterprise Agreement 2017-2020 for registration. The decision was based on the conclusion that the agreement contained all the mandated minimum terms and conditions, was made in good faith, and adhered to the procedural requirements of the Act. The Commission emphasised the importance of ensuring that enterprise agreements facilitate fair and effective workplace relations while providing a framework for addressing the needs of both employers and employees.

The Abel Tasman Village Association Limited T/A Abel Tasman Village

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established