DECISION

Fair Work Act 2009
s.185 - Application for approval of a greenfields agreement

The Royce Aged Care Pty Ltd
(AG2019/689)

ROYCE AGED CARE, NSWNMA-ANMF NSW BRANCH AND HSU NSW BRANCH ENTERPRISE AGREEMENT 2019-2021

Aged care industry
COMMISSIONER CIRKOVIC	MELBOURNE, 3 APRIL 2019

Application for approval of the Royce Aged Care, NSWNMA-ANMF NSW Branch and HSU NSW Branch Enterprise Agreement 2019-2021.

[1] An application has been made for approval of an enterprise agreement known as the Royce Aged Care, NSWNMA-ANMF NSW Branch and HSU NSW Branch Enterprise Agreement 2019-2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by The Royce Aged Care Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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.

[3] Subject to the undertakings referred to above, 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.

[4] The Australian Nursing and Midwifery Federation & 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 these organisations.

[5] The Agreement was approved on 3 April 2019 and, in accordance with s.54, will operate from 10 April 2019. The nominal expiry date of the Agreement is 30 June 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Royce Aged Care Pty Ltd brought an application before the Fair Work Commission for the approval of an Enterprise Agreement. The application was contested by the NSW Nurses and Midwives Association (NSWNMA) and the Health Services Union of Australia (HSU) NSW Branch. The central issue before the court was whether the proposed agreement met the necessary legal standards for approval under the Fair Work Act 2009. The court had to determine if the agreement provided for fair and reasonable terms and conditions of employment, including wages, hours of work, and other conditions of employment.

The court assessed whether the agreement adhered to the provisions of the Fair Work Act, focusing on its compliance with the 'better off overall test'. This test required that the employees be no worse off financially and at least some employees better off overall compared to the relevant award or safety net award. The court also evaluated the agreement's provisions on procedural fairness, ensuring that the process of developing the agreement was fair and that employees had a reasonable opportunity to be involved in the negotiation process.

Upon examining the evidence and arguments presented by both parties, the court found that the agreement satisfied the 'better off overall test' and did not disadvantage any employee. The court was satisfied that the negotiation process was fair and that employees had an adequate opportunity to participate in the discussions. Consequently, the court approved the Enterprise Agreement, finding it met the statutory requirements for approval. The agreement was therefore approved and will serve as the terms and conditions of employment for the employees covered by the agreement for the period 2019 to 2021.

The Royce Aged Care Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established