DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Deniliquin Nursing Home Foundation Ltd T/A Navorina Nursing Home
(AG2014/9878)

NAVORINA NURSING HOME, NSWNMA AND HSU NSW ENTERPRISE AGREEMENT 2014 - 2017

Aged care industry
DEPUTY PRESIDENT BOOTH	SYDNEY, 8 DECEMBER 2014

Application for approval of the Navorina Nursing Home, NSWNMA and HSU NSW Enterprise Agreement 2014 - 2017.

[1] An application has been made for approval of an enterprise agreement known as the Navorina Nursing Home, 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 Deniliquin Nursing Home Foundation Ltd. 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 15 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 Deniliquin Nursing Home Foundation Ltd, trading as the Navorina Nursing Home, brought an application before the Fair Work Commission seeking approval for a new enterprise agreement with the NSW Nurses and Midwives' Association and Health Services Union NSW. The proposed agreement aimed to regulate the employment terms and conditions for nursing staff at the facility. The commission was tasked with determining whether the agreement met the legal requirements for approval under the Fair Work Act 2009.

The central legal issues before the commission were whether the proposed agreement contained appropriate dispute resolution mechanisms and whether the agreement had been fairly negotiated and properly certified. The commission had to consider if the agreement complied with the Fair Work Act's provisions concerning the nature and scope of the enterprise, and whether it had been negotiated in good faith. Additionally, the commission examined whether the agreement contained all the required minimum terms and conditions as stipulated by the Fair Work Act.

The commission found that the proposed agreement contained adequate dispute resolution mechanisms and that the negotiation process was conducted in good faith. The agreement met all the necessary requirements under the Fair Work Act, including the inclusion of all required minimum terms and conditions. The commission concluded that the agreement was fair and appropriate for approval, considering the specific circumstances of the nursing staff at the Navorina Nursing Home. Consequently, the commission approved the Navorina Nursing Home Enterprise Agreement 2014-2017, effective from the date of the decision.

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

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established