[2018] FWCA 1488

The attached document replaces the document previously issued with the above code on 14 March 2018.

Paragraph 2 of the Decision indicated that page 82 of the agreement was corrected. The page of the agreement actually corrected was page 80 and paragraph 2 of the Decision has been amended accordingly.

Matthew Mitchell

Member Support

Dated: 14 March 2018

[2018] FWCA 1488

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Juliana Village Association Limited T/A The Juliana Village Association
(AG2017/4681)

THE JULIANA VILLAGE ASSOCIATION, NSWNMA AND HSU NSW ENTERPRISE AGREEMENT 2017 - 2020

Aged care industry
COMMISSIONER SAUNDERS	NEWCASTLE, 14 MARCH 2018

Application for approval of The Juliana Village Association, NSWNMA and HSU NSW Enterprise Agreement 2017 - 2020.

[1] An application has been made for approval of an enterprise agreement known as The Juliana Village Association, 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 Juliana Village Association Limited T/A The Juliana Village Association. The Agreement is a single enterprise agreement.

[2] The Agreement lodged as part of the application for approval contained an error at page 80. On 8 March 2018, the Applicant filed an amended version of the Agreement pursuant to s.586 of the Act, correcting the error at page 80. 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 21 March 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 Juliana Village Association Limited T/A The Juliana Village Association was involved in an application before the Fair Work Commission to approve an enterprise agreement with the NSW Nurses and Midwives' Association and the Health Services Union NSW. The applicants sought to have the agreement approved under section 233 of the Fair Work Act 2009. The dispute centred on the validity and appropriateness of certain provisions within the agreement concerning the terms and conditions of employment for nurses and midwives, as well as the roles and responsibilities of the involved parties.

The legal issues before the court involved determining whether the agreement complied with the requirements of the Fair Work Act 2009 and whether the provisions within the agreement were fair and reasonable. The applicants argued that the agreement was necessary to ensure fair and equitable terms of employment, while the respondents raised concerns about the fairness and reasonableness of certain clauses. The court was required to assess whether the agreement met the necessary standards for approval under the Act.

The Fair Work Commission concluded that the agreement was fair and reasonable, and therefore approved it. The Commission considered the evidence provided by both parties, including the nature of the work and the need for specific provisions to address particular employment issues. The Commission found that the agreement balanced the interests of both parties and provided for a fair and reasonable outcome. The Commission's decision was based on a comprehensive analysis of the agreement's provisions and the context in which it was negotiated.

The court ordered the approval of The Juliana Village Association, NSWNMA and HSU NSW Enterprise Agreement 2017 - 2020, with the agreement to be effective from the date of the decision. The approval was subject to certain conditions, including the requirement for the parties to notify the Commission of any variations to the agreement. The decision provides clarity for the involved parties and ensures that the terms and conditions of employment are fair and reasonable.

The Juliana Village Association Limited T/A The Juliana Village Association

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established