The Maronite Sisters of the Holy Family Village Summary

[2024] FWCA 1606

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

The Maronite Sisters of the Holy Family Village

(AG2024/690)

THE MARONITE SISTERS OF THE HOLY FAMILY VILLAGE, NSWNMA AND HSU NSW ENTERPRISE AGREEMENT 2023

Aged Care Industry
COMMISSIONER CRAWFORD	SYDNEY, 1 MAY 2024

Application for approval of The Maronite Sisters of the Holy Family Village, NSWNMA and HSU NSW Enterprise Agreement 2023

An application has been made for approval of an enterprise agreement known as The Maronite Sisters of the Holy Family Village, 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 Maronite Sisters of the Holy Family Village (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 case before the Fair Work Commission involved The Maronite Sisters of the Holy Family Village, the New South Wales Nurses and Midwives' Association (NSWNMA), and the Health Services Union NSW (HSU NSW). The dispute centred around the application for approval of the 2023 Enterprise Agreement. The application was made under the Fair Work Act 2009, which requires that the agreement meets certain conditions, including that it does not adversely affect the general public interest or the operation of the employer. The Commission was tasked with determining whether the agreement was fair and reasonable, and whether it should be approved.

The primary legal issues before the Commission were whether the agreement complied with the statutory requirements and whether it was fair and reasonable in all respects. This involved examining the agreement's provisions concerning wages, conditions, and other terms and conditions of employment, and assessing these against the criteria established in the Fair Work Act 2009 and relevant case law. The Commission had to ensure that the agreement did not negatively impact the general public interest or the operation of the employer and that it was equitable and balanced in terms of the rights and obligations of both parties.

In reaching its decision, the Commission carefully considered the submissions made by the parties and the evidence presented. It found that the agreement did not adversely affect the general public interest or the operation of the employer. The Commission noted that the agreement provided for fair and reasonable terms and conditions of employment, including provisions for wages, leave, and other entitlements. The Commission was satisfied that the agreement was equitable and balanced, taking into account the needs and interests of both the employees and the employer. Based on this analysis, the Commission approved the application for the 2023 Enterprise Agreement.

The final orders of the Commission were that the 2023 Enterprise Agreement between The Maronite Sisters of the Holy Family Village, the NSWNMA, and the HSU NSW be approved as a registered agreement under the Fair Work Act 2009. This approval ensures that the agreement is legally binding and enforceable, providing a framework for the employment relationship between the parties for the duration of the agreement.

The Maronite Sisters of the Holy Family Village

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established