DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Sisters of Our Lady of China Health Care (2) Pty. Ltd. T/A Ruby Manor
(AG2017/2993)

THE SISTERS OF OUR LADY OF CHINA HEALTHCARE (2) P/ L TRADING AS RUBY MANOR, NSWNMA, ANMF NSW BRANCH AND HSU NEW SOUTH WALES BRANCH ENTERPRISE AGREEMENT 2017

Aged care industry
COMMISSIONER SAUNDERS	MELBOURNE, 31 AUGUST 2017

Application for approval of The Sisters of Our Lady of China Healthcare (2) P/L trading as Ruby Manor, NSWNMA, ANMF NSW Branch and HSU New South Wales Branch Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as The Sisters of Our Lady of China Healthcare (2) P/L trading as Ruby Manor, NSWNMA, ANMF NSW Branch and HSU New South Wales Branch Enterprise Agreement 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 Sisters of Our Lady of China Health Care (2) Pty. Ltd. T/A Ruby Manor.The Agreement is a single enterprise agreement.

[2] 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.

[3] 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.

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

[5] 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.

[6] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[7] The Australian Nursing and Midwifery Federation, New South Wales Nurses and Midwives’ Association and 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.

[8] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 September 2017. 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

The Sisters of Our Lady of China Health Care (2) Pty. Ltd., trading as Ruby Manor, along with the New South Wales Nurses and Midwives' Association, the Australian Nursing and Midwifery Federation New South Wales Branch, and the Health Services Union New South Wales Branch, applied for the approval of their 2017 enterprise agreement. The application was heard in the Fair Work Commission, with the objective of determining whether the agreement met the necessary legal standards and public interest considerations for approval.

The legal issues at hand centred on whether the proposed agreement provided for fair and reasonable terms and conditions for the employees, in accordance with the Fair Work Act 2009. The court had to assess the agreement against the criteria outlined in the Act, including whether it provided for a fair and reasonable rate of pay, reasonable hours of work, and other terms and conditions that were consistent with the public interest. The court also had to consider whether the agreement was consistent with any relevant federal laws and whether it met the requirements for a "single, integrated national system" of industrial relations.

The Fair Work Commission, in its decision, found that the proposed agreement was fair and reasonable, taking into account the specific circumstances of the employees and the industry. The Commission concluded that the agreement provided for a fair and reasonable rate of pay, reasonable hours of work, and other terms and conditions that were consistent with the public interest. The Commission also determined that the agreement met the requirements for a "single, integrated national system" of industrial relations and was consistent with any relevant federal laws. The Commission approved the enterprise agreement, subject to the terms and conditions outlined in the decision.

In summary, the Fair Work Commission approved the enterprise agreement proposed by The Sisters of Our Lady of China Health Care (2) Pty. Ltd., trading as Ruby Manor, along with the New South Wales Nurses and Midwives' Association, the Australian Nursing and Midwifery Federation New South Wales Branch, and the Health Services Union New South Wales Branch. The Commission found that the agreement provided for fair and reasonable terms and conditions for the employees and was consistent with the public interest and relevant federal laws.

The Sisters of Our Lady of China Health Care (2) Pty. Ltd. T/A Ruby Manor

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established