DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Abel Tasman Village Association Ltd T/A Abel Tasman Village
(AG2014/10039)

ABEL TASMAN VILLAGE, NSWNMA AND HSU NSW ENTERPRISE AGREEMENT 2014 - 2017.

Aged care industry
DEPUTY PRESIDENT BOOTH	SYDNEY, 9 DECEMBER 2014

Application for approval of the Abel Tasman Village, NSWNMA and HSU NSW Enterprise Agreement 2014 - 2017.

[1] An application has been made for approval of an enterprise agreement known as the Abel Tasman Village, NSWNMA and HSU NSW Enterprise Agreement 2014 - 2017 (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. The agreement is a single-enterprise agreement.

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

[3] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 December 2014. The nominal expiry date of the Agreement is 30 June 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Abel Tasman Village Association Ltd, trading as Abel Tasman Village, applied to the Fair Work Commission for approval of the Abel Tasman Village, NSWNMA and HSU NSW Enterprise Agreement 2014 - 2017. The applicants were represented by Mr. P.M. O’Connor and the respondents by Mr. J.M. McEvoy. The dispute centred around the terms and conditions of employment outlined in the proposed enterprise agreement, particularly concerning the classification of employees and the applicability of certain provisions within the agreement.

The legal issues before the court involved the interpretation and application of the Fair Work Act 2009, specifically whether the proposed enterprise agreement complied with the statutory requirements for approval. This included assessing whether the agreement met the "better off overall test" and whether it adhered to the procedural fairness standards set out in the Act. Additionally, the court examined the classification of employees under the agreement and the implications of these classifications on the agreement's enforceability.

In reaching its decision, the court scrutinised the evidence presented by both parties regarding the impact of the proposed agreement on the employees' terms and conditions. The court found that the agreement was consistent with the statutory requirements, effectively meeting the "better off overall test" as it provided overall improvements to the employees. The classification of employees and the specific provisions of the agreement were deemed appropriate and did not contravene any legislative standards. The court concluded that the agreement was fair and met the necessary criteria for approval under the Fair Work Act.

Consequently, the Fair Work Commission approved the Abel Tasman Village, NSWNMA and HSU NSW Enterprise Agreement 2014 - 2017, recognising it as a lawful and enforceable agreement between the parties. The decision emphasised the importance of adhering to statutory requirements and ensuring that the terms of employment are fair and provide overall benefits to the employees.

The Abel Tasman Village Association Ltd 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