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

[2014] FWCA 7853

FAIR WORK COMMISSION

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
(AG2014/9288)

THE MARONITE SISTERS VILLAGE, NSWNMA AND HSU NSW ENTERPRISE AGREEMENT 2014 - 2017

Aged care industry
DEPUTY PRESIDENT BOOTH	SYDNEY, 5 NOVEMBER 2014

Application for approval of The Maronite Sisters Village, NSWNMA and HSU NSW Enterprise Agreement 2014 - 2017.

[1] An application has been made for approval of an enterprise agreement known as The Maronite Sisters Village, NSWNMA and HSU NSW Enterprise Agreement 2014 - 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 Trustees of the Maronite Sisters of the Holy Family T/A The Maronite Sisters of the Holy Family Villlage. The agreement is a single-enterprise agreement.

[2] The Health Services Union New South Wales Branch, the New South Wales Branch of the Australian Nursing and Midwifery Federation and the New South Wales Nurses and Midwives’ Association, 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) of the Act, I note that the Agreement covers these organisations.

[3] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 November 2014. The nominal expiry date of the Agreement is 30 June 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Maronite Sisters of the Holy Family Village applied to the Fair Work Commission for the approval of their enterprise agreement, which covered their employees, for the period from 2014 to 2017. The Health Services Union of NSW (HSU) and the New South Wales Nurses and Midwives Association (NSWNMA) were involved in the negotiations and sought to have the agreement approved. The dispute was heard by the Fair Work Commission, which was required to decide whether the agreement met the criteria for approval under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the enterprise agreement complied with the requirements of the Fair Work Act. Specifically, the Commission had to consider whether the agreement contained the necessary minimum terms and conditions, including the minimum wages and conditions, and whether it was free from any prohibited content. The Commission also had to assess whether the agreement had been negotiated in good faith and whether it provided for a fair and efficient workplace.

In determining the matter, the Commission found that the agreement met all the necessary criteria for approval. The agreement contained the required minimum terms and conditions and was free from any prohibited content. The Commission was satisfied that the agreement had been negotiated in good faith and provided for a fair and efficient workplace. Accordingly, the Commission approved the enterprise agreement, and it came into effect on 1 January 2014.

The Fair Work Commission approved the Maronite Sisters Village, NSWNMA and HSU NSW Enterprise Agreement 2014 - 2017, finding that it met all the necessary criteria for approval under the Fair Work Act. The agreement was found to contain the required minimum terms and conditions, was free from any prohibited content, and had been negotiated in good faith. The agreement came into effect on 1 January 2014.

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

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established