DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Sisters of Our Lady of China Health Care Pty Ltd T/A Pembroke Lodge
(AG2017/2980)

THE SISTERS OF OUR LADY OF CHINA T/AS PEMBROKE LODGE, 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 The Sisters of Our Lady of China T/as Pembroke Lodge, 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 T/as Pembroke Lodge, 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 Pty Ltd T/A Pembroke Lodge.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 Pty Ltd, trading as Pembroke Lodge, applied for approval of their Enterprise Agreement 2017, with the NSW Nurses and Midwives’ Association, Australian Nursing and Midwifery Federation NSW Branch, and Health Services Union New South Wales Branch. The case was heard by the Fair Work Commission, where the applicants sought to have their enterprise agreement registered to ensure it complied with the Fair Work Act 2009.

The primary legal issues before the Commission were whether the agreement met the criteria for registration under the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement contained the necessary provisions to ensure it was in the best interests of the employees and if it adhered to the procedural requirements set out in the Act. This included assessing if the agreement had been made in good faith, if the appropriate consultation processes had been followed, and if the agreement contained the mandatory minimum terms and conditions prescribed by the Act.

The Commission found that the agreement met all the statutory requirements for registration. The Commission was satisfied that the agreement had been made in good faith and that the necessary consultation processes had been undertaken. The agreement was found to contain the mandatory minimum terms and conditions, and the Commission was also satisfied that the agreement was in the best interests of the employees. The Commission approved the agreement, highlighting the importance of ensuring that agreements are made in good faith and that the necessary consultation processes are followed.

The Fair Work Commission approved the enterprise agreement, confirming that it complied with the Fair Work Act 2009. The approval ensures that the agreement is legally binding and that the terms and conditions outlined within it are enforceable. The decision underscores the importance of adhering to the legislative framework when creating and approving enterprise agreements.

The Sisters of Our Lady of China Health Care Pty Ltd T/A Pembroke Lodge

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established