DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Australian Croatian Cardinal Stepinac Village T/A Cardinal Stepinac Village
(AG2017/4998)

CARDINAL STEPINAC VILLAGE, NSWNMA AND HSU NSW ENTERPRISE AGREEMENT 2017-2020

Aged care industry
COMMISSIONER SAUNDERS	NEWCASTLE, 22 MARCH 2018

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

[1] An application has been made for approval of an enterprise agreement known as the Cardinal Stepinac 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 Australian Croatian Cardinal Stepinac Village T/A Cardinal Stepinac 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 1 February 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 29 March 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 Cardinal Stepinac Village T/A Cardinal Stepinac Village sought approval of an enterprise agreement from the Fair Work Commission. The dispute arose from negotiations between the Village, the NSW Nurses and Midwives Association, and the Health Services Union of Australia. The Fair Work Commission was tasked with determining whether the agreement met the requirements of the Fair Work Act 2009.

The primary legal issue was whether the proposed enterprise agreement was a "good faith" agreement as required by section 231 of the Act. This involved assessing whether the parties had genuinely attempted to negotiate in good faith and whether the agreement contained the necessary "minimum terms and conditions" as outlined in section 235 of the Act. The Village argued that the agreement was the result of good faith negotiations, while the unions contended that certain provisions did not meet the minimum standards.

The Commission found that the agreement had been negotiated in good faith and contained the necessary minimum terms and conditions. It noted that the parties had engaged in a thorough negotiation process, and the final agreement reflected a fair balance of the interests of both the employer and the employees. The Commission concluded that the agreement met the legislative requirements and approved it accordingly.

The Fair Work Commission approved the Cardinal Stepinac Village T/A Cardinal Stepinac Village, NSWNMA and HSU NSW Enterprise Agreement 2017 - 2020. The decision was made on the basis that the agreement was negotiated in good faith and included all required minimum terms and conditions. The Commission's approval of the agreement is final and binding on the parties, and it will govern the employment terms of the employees for the specified period.

The Australian Croatian Cardinal Stepinac Village T/A Cardinal Stepinac Village

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established