DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Trustees of the Roman Catholic Church for the Diocese of Lismore
(AG2017/6518)

THE DIOCESE OF LISMORE CARE SERVICES, NSWNMA AND HSU NSW ENTERPRISE AGREEMENT 2017-2020

Aged care industry
COMMISSIONER SAUNDERS	NEWCASTLE, 6 APRIL 2018

Application for approval of The Diocese of Lismore Care Services, NSWNA and HSU NSW Enterprise Agreement 2017-2020.

[1] 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 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 Roman Catholic Church for the Diocese of Lismore. 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] The Australian Nursing and Midwifery Federation and the 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.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 April 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 Trustees of the Roman Catholic Church for the Diocese of Lismore applied for approval of the Diocese of Lismore Care Services, NSWNA and HSU NSW Enterprise Agreement 2017-2020. The case was heard in the Fair Work Commission. The applicants sought approval of the agreement as a registered agreement under the Fair Work Act 2009. The agreement was to cover employees of the Diocese of Lismore Care Services, who were members of the NSW Nurses and Midwives' Association and the Health Services Union.

The central legal issue was whether the agreement met the criteria for registration under the Fair Work Act. This included assessing if the agreement contained the minimum terms and conditions required by law, if it had been fairly negotiated, and if it complied with the procedural requirements for registration. The applicants argued that the agreement was fair and reasonable, had been negotiated in good faith, and met all legal requirements. The respondents, however, raised concerns about specific clauses, claiming they were unfair or did not comply with the law.

The Commission examined the agreement in detail, considering the fairness of the terms, the negotiation process, and compliance with legal requirements. It found that while some concerns were valid, the overall agreement was fair and reasonable. The Commission determined that the agreement contained the minimum terms and conditions, had been negotiated in good faith, and complied with the procedural requirements for registration. Based on this assessment, the Commission approved the agreement.

The Fair Work Commission approved the Diocese of Lismore Care Services, NSWNA and HSU NSW Enterprise Agreement 2017-2020 as a registered agreement under the Fair Work Act. This decision confirmed the agreement as legally binding, effective from the date of registration, and applicable to the employees covered by the agreement.

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

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established