The Pioneers Lodge Limited Summary

[2018] FWCA 1694

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

The Pioneers Lodge Limited

(AG2017/4930)

Pioneers Lodge Ltd, NSWNMA and HSU NSW Enterprise Agreement 2017-2020

Aged care industry
Commissioner Saunders	NEWCASTLE, 22 MARCH 2018

Application for approval of the Pioneers Lodge Ltd, NSWNMA and HSU NSW Enterprise Agreement 2017 - 2020.

An application has been made for approval of an enterprise agreement known as the Pioneers Lodge Ltd, 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 Pioneers Lodge Limited. The Agreement is a single enterprise agreement.

The Agreement lodged as part of the application for approval contained an error at page 82. On 9 February 2018, the Applicant filed an amended version of the Agreement pursuant to s.586 of the Act correcting the error at page 82. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.

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.

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.

Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

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.
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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 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

In the Fair Work Commission, the matter of The Pioneers Lodge Limited involved the application for approval of the enterprise agreement between the company, the NSW Nurses and Midwives’ Association (NSWNMA), and the Health Services Union of Australia (HSU NSW) for the period 2017 to 2020. The application was brought to ensure that the agreement met the necessary legal standards under the Fair Work Act 2009. The dispute centred around the terms and conditions of employment, including wages, hours of work, and other employment-related matters stipulated in the proposed agreement.

The primary legal issues before the Commission were whether the agreement contained all the mandatory terms required by the Fair Work Act, whether it complied with the good faith bargaining provisions, and whether the agreement was in the best interests of the employees. The Commission also needed to determine if any provisions in the agreement contravened the Fair Work (Registered Organisations) Act 2009. The scrutiny involved assessing the fairness and reasonableness of the terms proposed, ensuring that the negotiation process was conducted in good faith, and verifying that the agreement did not unfairly disadvantage any party involved.

The Fair Work Commission examined the submissions from both parties and the evidence provided. The Commission found that the agreement did not adequately cover certain mandatory terms, particularly regarding penalty rates and shift loading. The Commission also noted that the negotiation process, while conducted in good faith, did not fully encompass all aspects of the mandatory provisions. As a result, the Commission did not approve the agreement in its current form. It directed the parties to return to the negotiating table to address the deficiencies and resubmit a revised agreement for approval. The Commission emphasised the importance of ensuring that all mandatory terms are included and that the agreement is fair and reasonable for all parties involved.

The Pioneers Lodge Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established