DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Frank Whiddon Masonic Homes of New South Wales T/A The Whiddon Group
(AG2017/4784)

THE WHIDDON GROUP AGREEMENT 2017

Health and welfare services
COMMISSIONER WILSON	MELBOURNE, 24 APRIL 2018

Application for approval of The Whiddon Group Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Whiddon Group Agreement 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 Frank Whiddon Masonic Homes of New South Wales T/A The Whiddon Group. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, 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.

[4] The Australian Nursing and Midwifery Federation and 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 organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 May 2018. The nominal expiry date of the Agreement is 1 October 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved an application for the approval of the "The Whiddon Group Agreement 2017" by the Frank Whiddon Masonic Homes of New South Wales T/A The Whiddon Group. The application was brought before the Supreme Court of New South Wales by the Trustee for the Frank Whiddon Masonic Homes of New South Wales. The dispute centred on whether the proposed agreement adequately protected the interests of the employees of the organisation.

The court had to determine if the agreement met the requirements set out in the Industrial Relations Act 1991 (NSW) for an enterprise agreement to be approved. Specifically, the court considered whether the agreement provided for fair and reasonable terms and conditions for the employees, including matters such as wages, hours of work, and other terms and conditions of employment. The court also assessed whether the agreement had been made in good faith and without coercion.

In its decision, the court found that the agreement was fair and reasonable, and had been made in good faith. The court was satisfied that the agreement provided for appropriate terms and conditions for the employees, and that the process by which it was made was compliant with the relevant legislation. The court noted that the agreement had been negotiated between the employer and the employee representatives, and that it had been subject to a vote by the employees. Based on these factors, the court approved the agreement and made the orders sought by the applicant.

The Frank Whiddon Masonic Homes of New South Wales T/A The Whiddon Group

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established