DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Trustees of the Maronite Sisters of the Holy Family T/A The Maronite Sisters of the Holy Family Village
(AG2017/4677)

THE MARONITE SISTERS VILLAGE, NSWNMA AND HSU NSW ENTERPRISE AGREEMENT 2017-2020

Aged care industry
COMMISSIONER SAUNDERS	NEWCASTLE, 7 MARCH 2018

Application for approval of The Maronite Sisters Village, NSWNMA & HSU NSW Enterprise Agreement 2017- 2020.

[1] An application has been made for approval of an enterprise agreement known as the Maronite Sisters Village, 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 Trustees of the Maronite Sisters of the Holy Family T/A The Maronite Sisters of the Holy Family Village. The Agreement is a single enterprise agreement.

[2] The Agreement lodged as part of the application for approval contained an error at page 82. On 5 March 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.

[3] 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.

[4] 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.

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

[6] 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.

[7] The Health Services Union (HSU) and the Australian Nursing and Midwifery Federation (ANMF) being a bargaining representatives for the Agreement, have given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[8] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 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

The Maronite Sisters of the Holy Family Village sought approval for their Enterprise Agreement 2017-2020 from the Fair Work Commission. The application was made under the Fair Work Act 2009, and the dispute involved the terms and conditions of employment for the employees of the Village. The Commission was required to determine whether the agreement met the criteria for registration under the Act.

The central legal issues before the Commission were whether the agreement complied with the requirements of the Fair Work Act and the Fair Work Regulations. Specifically, the Commission had to consider whether the agreement contained the necessary provisions for minimum entitlements, included appropriate dispute resolution mechanisms, and was certified as a genuine agreement by an independent certifier. Additionally, the Commission needed to assess whether the agreement was in the best interests of the employees and whether it provided for fair and reasonable terms and conditions of employment.

The Commission found that the agreement met all the statutory requirements for registration. The agreement contained all the necessary provisions for minimum entitlements, had appropriate dispute resolution mechanisms, and was certified as a genuine agreement. The Commission was satisfied that the agreement was in the best interests of the employees, and it provided for fair and reasonable terms and conditions of employment. Therefore, the Commission approved the agreement, and it was registered with the Fair Work Ombudsman.

The Fair Work Commission approved the Maronite Sisters Village Enterprise Agreement 2017-2020 and ordered its registration with the Fair Work Ombudsman. The decision was made on the basis that the agreement met all the statutory requirements for registration, provided for minimum entitlements, had appropriate dispute resolution mechanisms, and was certified as a genuine agreement. The Commission was satisfied that the agreement was in the best interests of the employees and provided for fair and reasonable terms and conditions of employment.

The Trustees of the Maronite Sisters of the Holy Family T/A The Maronite Sisters of the Holy Family Village

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established