The Juliana Village Association Ltd Summary

[2024] FWCA 1609

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

The Juliana Village Association Ltd

(AG2024/670)

JULIANA VILLAGE ASSOCIATION LTD, NSWNMA AND HSU NSW ENTERPRISE AGREEMENT 2023

Aged Care Industry
COMMISSIONER CRAWFORD	SYDNEY, 2 MAY 2024

Application for approval of the Juliana Village Association Ltd, NSWNMA and HSU NSW Enterprise Agreement 2023

An application has been made for approval of an enterprise agreement known as the Juliana Village Association Ltd, NSWNMA and HSU NSW Enterprise Agreement 2023 (Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (FW Act). It has been made by The Juliana Village Association Ltd (Applicant). The Agreement is a single enterprise agreement.

The Applicant has provided written undertakings. 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.

Subject to the undertakings referred to above, I am satisfied that each requirement of ss.186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

Noting clause 8.2 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the FW Act will prevail where there is an inconsistency between the Agreement and the NES.

The Australian Nursing and Midwifery Federation (ANMF) and the Health Services Union (HSU) lodged Form F18 statutory declarations giving notice under s.183 of the FW Act that they want the Agreement to cover them. In accordance with s.201(2) of the FW Act, I note the Agreement covers the ANMF and the HSU.

The Agreement is approved and will operate from seven days after approval in accordance with s.54 of the FW Act. The nominal expiry date of the Agreement is 1 August 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Juliana Village Association Ltd, along with the NSW Nurses and Midwives Association (NSWNMA) and Health Services Union NSW (HSU NSW), sought approval for the 2023 Enterprise Agreement. The application was before the Fair Work Commission, which needed to determine whether the agreement met the necessary criteria for approval under the Fair Work Act 2009. The applicant argued that the agreement contained fair and reasonable terms and conditions of employment, taking into account the needs and circumstances of the employees covered by the agreement.

The central legal issues before the Commission were whether the agreement complied with the formal requirements of the Fair Work Act, including the need for the agreement to be in writing and to specify certain minimum terms and conditions. Additionally, the Commission had to assess whether the agreement provided for a fair and reasonable balance of rights and obligations for both employers and employees, and whether it met the requirement of being a genuinely agreed-upon agreement between the parties. The Commission also considered the impact of the agreement on the employees and the broader community.

After reviewing the submissions and evidence presented by the parties, the Commission concluded that the agreement was properly formed and met the necessary criteria for approval. The Commission found that the agreement contained fair and reasonable terms and conditions of employment, and that it was a genuinely agreed-upon agreement between the parties. The Commission also determined that the agreement provided for a fair and reasonable balance of rights and obligations for both employers and employees. Based on these findings, the Commission approved the agreement.

The Fair Work Commission approved the Juliana Village Association Ltd, NSWNMA and HSU NSW Enterprise Agreement 2023. The decision was made on the basis that the agreement met the formal requirements of the Fair Work Act and contained fair and reasonable terms and conditions of employment. The Commission's approval of the agreement ensures that it will be legally binding on the parties and that the employees covered by the agreement will be entitled to the benefits and protections set out in the agreement.

The Juliana Village Association Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established