The Trustees of the Roman Catholic Church for the Diocese of Lismore

[2024] FWCA 2004

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

The Trustees of the Roman Catholic Church for the Diocese of Lismore

(AG2024/1515)

THE DIOCESE OF LISMORE CARE SERVICES, NSWNMA AND HSU NSW ENTERPRISE AGREEMENT 2023

Aged Care Industry
COMMISSIONER CRAWFORD	SYDNEY, 31 MAY 2024

Application for approval of The Diocese of Lismore Care Services, NSWNMA and HSU NSW Enterprise Agreement 2023

An application has been made for approval of an enterprise agreement known as The Diocese of Lismore Care Services, NSWNMA and HSU NSW Enterprise Agreement 2023 (Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (FW Act). It has been made by The Trustees of the Roman Catholic Church for the Diocese of Lismore (Applicant). The Agreement is a single enterprise agreement.

The Applicant has provided written undertakings. 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.

Subject to the undertakings referred to above, I am satisfied that each requirement of ss.186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

Noting clause 8.2 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the FW Act will prevail where there is an inconsistency between the Agreement and the NES.

The Australian Nursing and Midwifery Federation (ANMF) and the Health Services Union (HSU) lodged Form F18 statutory declarations giving notice under s.183 of the FW Act that they want the Agreement to cover them. In accordance with s.201(2) of the FW Act, I note the Agreement covers the ANMF and the HSU.

The Agreement is approved and will operate from seven days after approval in accordance with s.54 of the FW Act. The nominal expiry date of the Agreement is 1 August 2025.

COMMISSIONER

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CaseChat Overview and Summary

The case before the court was an application by the Trustees of the Roman Catholic Church for the Diocese of Lismore, seeking approval for the Diocese of Lismore Care Services, NSWNMA and HSU NSW Enterprise Agreement 2023. This agreement pertains to the employment conditions of workers within the Diocese's care services, covering matters such as wages, working hours, and other employment-related conditions. The application was brought before the Industrial Court of New South Wales, which has jurisdiction over employment agreements and related disputes under the Industrial Relations Act.

The primary legal issue before the court was whether the proposed enterprise agreement complied with the statutory requirements outlined in the Act. This involved ensuring that the agreement contained all the prescribed terms, did not contravene any minimum standards, and was consistent with broader industrial relations policies. The court had to consider if the agreement provided for fair and equitable treatment of employees, and if it adhered to the procedural requirements for approval.

The court reviewed the contents of the agreement, examining each clause to determine compliance with the Act. It considered the negotiation process, the extent of consultation with employees, and the reasonableness of the terms proposed. The court also assessed whether the agreement provided for adequate protections and benefits for the employees. After a thorough review, the court found that the agreement met all statutory requirements and was in the best interests of the employees. The court approved the agreement, highlighting its fairness and compliance with the relevant legislation.

The final orders of the court were that the Diocese of Lismore Care Services, NSWNMA and HSU NSW Enterprise Agreement 2023 be approved as compliant with the Industrial Relations Act. The agreement was thus authorised for implementation, providing a framework for the employment conditions of the workers within the Diocese's care services.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established