The Indo Chinese Elderly Hostel Project Inc. T/A Indo Chinese Elderly Hostel

[2014] FWCA 7645

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Indo Chinese Elderly Hostel Project Inc. T/A Indo Chinese Elderly Hostel
(AG2014/9203)

THE INDO CHINESE ELDERLY HOSTEL, NSWNMA AND HSU NSW ENTERPRISE AGREEMENT 2014 - 2017.

Aged care industry
DEPUTY PRESIDENT BOOTH	SYDNEY, 28 OCTOBER 2014

Application for approval of the The Indo Chinese Elderly Hostel, NSWNMA and HSU NSW Enterprise Agreement 2014 - 2017.

[1] An application has been made for approval of an enterprise agreement known as the The Indo Chinese Elderly Hostel, 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 Indo Chinese Elderly Hostel Project Inc. T/A Indo Chinese Elderly Hostel. 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 4 November 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 case involved The Indo Chinese Elderly Hostel Project Inc., trading as the Indo Chinese Elderly Hostel, which sought approval for an enterprise agreement with the NSW Nurses and Midwives Association (NSWNMA) and the Health Services Union NSW (HSU NSW). The application was brought before the Fair Work Commission, which was asked to determine whether the agreement met the necessary criteria under the Fair Work Act 2009. The primary dispute centred around the provisions of the proposed agreement and whether they complied with the requirements for fair and efficient workplace relations.

The legal issues before the Commission were whether the agreement contained adequate terms for employee protection, fairness, and efficiency. The Commission had to assess if the agreement met the criteria for approval under section 234 of the Fair Work Act 2009, including whether it facilitated the improvement of workplace relations and if it was consistent with the objects of the Act. Additionally, the Commission considered if the agreement provided sufficient mechanisms for dispute resolution and whether it ensured fair treatment of employees.

In delivering its decision, the Fair Work Commission found that the agreement met the necessary criteria for approval. The Commission acknowledged that the agreement provided for fair and efficient workplace relations and contained provisions that aligned with the objectives of the Act. The Commission highlighted that the agreement included mechanisms for dispute resolution and protected employee rights adequately. Consequently, the Commission approved the application for the enterprise agreement to be registered.

The final orders of the Commission were that the Indo Chinese Elderly Hostel Project Inc. T/A Indo Chinese Elderly Hostel Enterprise Agreement 2014 - 2017, as lodged, be approved and registered. This decision allowed the agreement to come into effect and be enforceable between the parties involved.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established