DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Maitland Benevolent Society Limited T/A The Maitland Benevolent Society Limited
(AG2015/3605)

THE MAITLAND BENEVOLENT SOCIETY LTD, NSWNMA AND HSU NSW ENTERPRISE AGREEMENT 2014 - 2017

Aged care industry
COMMISSIONER SIMPSON	BRISBANE, 30 JUNE 2015

Application for approval of The Maitland Benevolent Society Ltd, NSWNMA and HSU NSW Enterprise Agreement 2014 - 2017.

[1] An application has been made for approval of an enterprise agreement known as The Maitland Benevolent Society Ltd, 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 Maitland Benevolent Society Limited T/A The Maitland Benevolent Society Limited. The agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Health Services Union of Australia – New South Wales Branch (HSU), the New South Wales Nurses and Midwives' Association (NSWNMA) and the Australian Nursing and Midwifery Federation – New South Wales Branch (ANMF) 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.

[4] The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Maitland Benevolent Society Limited, trading as The Maitland Benevolent Society Limited, applied to the Industrial Court of New South Wales for the approval of an enterprise agreement between the society and the New South Wales Nurses and Midwives' Association (NSWNMA) and the Health Services Union (HSU). The dispute centred on the proposed terms and conditions of employment for the society's employees, specifically those covered by the enterprise agreement spanning from 2014 to 2017. The society sought to have these terms and conditions formally recognised and approved by the court to ensure their enforceability and compliance with relevant industrial laws.

The central legal issues revolved around whether the proposed enterprise agreement was in the best interests of the employees and whether it complied with the necessary legislative requirements under the Fair Work Act 2009. This included assessing whether the agreement met the criteria for good faith bargaining and whether it provided fair and reasonable terms for the employees. The court had to consider submissions from both parties and evidence presented regarding the nature of the bargaining process and the fairness of the terms.

The court examined the evidence and submissions provided by both the society and the unions. It found that the agreement was the product of good faith bargaining and met the statutory requirements for approval. The terms of the enterprise agreement were deemed fair and reasonable, considering the specific circumstances of the society and the employees involved. The court concluded that the proposed agreement was in the best interests of the employees and approved the enterprise agreement under the Fair Work Act 2009. The approval was granted on the condition that the society adhere to the agreed terms and conditions as outlined in the enterprise agreement.

The Maitland Benevolent Society Limited T/A The Maitland Benevolent Society Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established