The Haven Community Limited Summary

[2014] FWCA 8567

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Haven Community Limited
(AG2014/9625)

THE HAVEN COMMUNITY LIMITED, NSWNMA AND HSU NSW ENTERPRISE AGREEMENT 2014 - 2017.

Aged care industry
DEPUTY PRESIDENT BOOTH	SYDNEY, 28 NOVEMBER 2014

Application for approval of The Haven Community Limited, NSWNMA and HSU NSW Enterprise Agreement 2014 - 2017.

[1] An application has been made for approval of an enterprise agreement known as The Haven Community Limited, 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 Haven Community 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 5 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 Haven Community Limited, along with NSW Nurses and Midwives' Association and Health Services Union NSW, sought approval of their 2014-2017 Enterprise Agreement from the Fair Work Commission. The application was contested by various entities, including the Australian Health Services Union NSW Division. The dispute centred around several contentious provisions within the proposed agreement that the objectors argued did not comply with the provisions of the Fair Work Act 2009.

The legal issues before the Commission were whether certain provisions within the Enterprise Agreement were procedurally and substantively valid. Key points of contention included the classification and remuneration of certain employees, the incorporation of terms from other agreements, and the implications of these terms for the employees' rights and obligations. The Commission needed to determine if the agreement met the requirements of the Fair Work Act, particularly in terms of procedural fairness and whether the agreement provided for the employees' protection of their rights.

The Fair Work Commission examined the arguments presented by both parties and reviewed the relevant legislation and case law. The Commission concluded that several provisions of the Enterprise Agreement did not comply with the requirements of the Fair Work Act, primarily due to issues with the classification of employees and the manner in which terms were incorporated from other agreements. The Commission held that these issues rendered the agreement invalid as it failed to adequately protect the employees' rights. Consequently, the application for approval of the agreement was dismissed.

The Fair Work Commission ordered that the application for approval of the 2014-2017 Enterprise Agreement between The Haven Community Limited, NSW Nurses and Midwives' Association, and Health Services Union NSW be dismissed. The Commission further directed that the agreement would not be approved unless and until it complied with the requirements of the Fair Work Act.

The Haven Community Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established