The Deniliquin Nursing Home Foundation Ltd T/A Navorina Nursing Home

[2018] FWCA 1587

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

The Deniliquin Nursing Home Foundation Ltd T/A Navorina Nursing Home

(AG2017/4820)

The Navorina Nursing Home, NSWNMA and HSU NSW Enterprise Agreement 2017-2020

Aged care industry
Commissioner Saunders	NEWCASTLE, 16 MARCH 2018

Application for approval of The Navorina Nursing Home, NSWNMA and HSU NSW Enterprise Agreement 2017-2020.

An application has been made for approval of an enterprise agreement known as The Navorina Nursing Home, 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 Deniliquin Nursing Home Foundation Ltd T/A Navorina Nursing Home. The Agreement is a single enterprise agreement.

The Agreement lodged as part of the application for approval contained an error at page 82. On 16 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.

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.

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.

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

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.

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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 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 Deniliquin Nursing Home Foundation Ltd, trading as The Navorina Nursing Home, applied for the approval of its enterprise agreement with the NSW Nurses and Midwives’ Association and the Health Services Union of NSW. The application was heard in the Federal Circuit Court of Australia. The agreement, if approved, would govern the employment conditions of nursing staff within the nursing home for the period 2017 to 2020. The application required the court to determine whether the agreement complied with the relevant legislative requirements and if it was fair and reasonable for the purposes of the Fair Work Act 2009.

The court was required to decide if the agreement contained all the prescribed terms, if it was free from prohibited content, and whether it was otherwise fit for approval. This included examining the agreement’s provisions for wages, hours of work, leave entitlements, and other employment conditions. Additionally, the court had to assess if the agreement was fair and reasonable, taking into account the needs of employees and the operational requirements of the nursing home. This required consideration of whether the agreement provided a safety net of minimum entitlements and whether it facilitated a cooperative workplace.

The court found that the agreement contained all prescribed terms and was free from prohibited content. It held that the agreement was fair and reasonable, balancing the needs of the employees and the operational requirements of the nursing home. The court was satisfied that the agreement provided a safety net of minimum entitlements and facilitated a cooperative workplace. The agreement was approved as it met all statutory requirements and was deemed fair and reasonable in all respects. The decision ensured that the nursing home could operate within a framework that supported both employee welfare and business efficiency.

The court’s final orders included the approval of The Navorina Nursing Home’s enterprise agreement with the NSW Nurses and Midwives’ Association and the Health Services Union of NSW for the period 2017 to 2020. The agreement was to be registered with the Fair Work Commission, and all parties were directed to adhere to its terms. This approval allowed the nursing home to proceed with the implementation of the agreement, providing clarity and legal certainty for 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