DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Haven Community Limited
(AG2017/4717)

THE HAVEN COMMUNITY LIMITED, NSWNMA AND HSU NSW ENTERPRISE AGREEMENT 2017 - 2020

Aged care industry
COMMISSIONER SAUNDERS	NEWCASTLE, 9 FEBRUARY 2018

Application for approval of The Haven Community Limited, NSWNMA and HSU NSW Enterprise Agreement 2017 - 2020.

[1] An application has been made for approval of an enterprise agreement known as The Haven Community Limited, 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 Haven Community Limited. 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 16 February 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 Haven Community Limited applied to the Fair Work Commission for approval of the enterprise agreement it had negotiated with the NSW Nurses and Midwives' Association and the Health Services Union of Australia for the period 2017 to 2020. The application was opposed by the NSW Nurses and Midwives' Association, the Health Services Union of Australia and the Health Services Union of Australia (Health). The Fair Work Commission was required to determine whether the enterprise agreement was in the interests of employees covered by the agreement, and whether it met the "better off overall test".

The legal issues before the Commission were whether the agreement provided a fair and reasonable method of resolving any dispute between the employer and the employees and whether it contained appropriate provisions to ensure the employees would be better off overall. The Commission noted that the parties had agreed that the agreement would not apply to employees who were members of the Australian Nursing and Midwifery Federation, the Australian Medical Association or the Australian Services Union. The Commission also noted that the agreement provided for a dispute resolution process that involved the parties first attempting to resolve the dispute through negotiation, and if that failed, by referring the dispute to a conciliation and arbitration commission. The Commission found that the dispute resolution process was fair and reasonable. The Commission also found that the agreement contained appropriate provisions to ensure that the employees would be better off overall, including provisions for pay increases, additional leave and improved working conditions.

The Fair Work Commission approved the enterprise agreement, finding that it met the statutory requirements and was in the interests of the employees. The Commission noted that the agreement provided for a fair and reasonable dispute resolution process and contained appropriate provisions to ensure that the employees would be better off overall. The Commission also noted that the agreement had been negotiated in good faith and was not likely to have a detrimental effect on the employees' employment conditions. The Commission made orders approving the enterprise agreement and setting out the terms and conditions of the agreement.

The Fair Work Commission made orders approving the enterprise agreement between The Haven Community Limited, the NSW Nurses and Midwives' Association and the Health Services Union of Australia for the period 2017 to 2020. The orders included provisions for pay increases, additional leave and improved working conditions, as well as a dispute resolution process involving negotiation and conciliation and arbitration. The Commission found that the agreement met the statutory requirements and was in the interests of the employees.

The Haven Community Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established