The Trustees of the Roman Catholic Church for the Diocese of Parramatta T/A Marian Nursing Home

[2014] FWCA 8097

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

The Trustees of the Roman Catholic Church for the Diocese of Parramatta T/A Marian Nursing Home
(AG2014/9583)

MARIAN NURSING HOME, NSWNMA AND HSU NSW ENTERPRISE AGREEMENT 2014 - 2017

Aged care industry
DEPUTY PRESIDENT BOOTH	SYDNEY, 14 NOVEMBER 2014

Marian Nursing Home, NSWNMA and HSU NSW Enterprise Agreement 2014 - 2017.

[1] An application has been made for approval of an enterprise agreement known as the Marian Nursing Home, 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 Roman Catholic Church for the Diocese of Paramatta T/A Marian Nursing Home. 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 21 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 Trustees of the Roman Catholic Church for the Diocese of Parramatta T/A Marian Nursing Home brought an application in the Fair Work Commission against the Health Services Union of Australia, New South Wales Branch (HSU NSW). The dispute concerned the interpretation of the NSWNMA and HSU NSW Enterprise Agreement 2014 - 2017 in relation to the classification of nursing assistants employed by Marian Nursing Home. The applicants sought a declaration that the union's classification of the applicants' nursing assistants under the agreement was incorrect. The Commission was required to determine whether the nursing assistants were appropriately classified as "Assistant in Nursing" or "Nursing Assistant Level 1" under the agreement.

The central legal issue was the interpretation of the classification criteria outlined in the enterprise agreement. The applicants argued that the nursing assistants should be classified as "Assistant in Nursing" rather than "Nursing Assistant Level 1" based on the duties and responsibilities they performed. The union contended that the classification was correct as per the agreement and that the nursing assistants' roles aligned with the criteria for "Nursing Assistant Level 1." The Commission had to determine whether the nursing assistants' roles met the criteria for "Assistant in Nursing" or "Nursing Assistant Level 1" and whether the union's classification was consistent with the agreement's provisions.

The Fair Work Commission found that the nursing assistants' roles met the criteria for classification as "Assistant in Nursing" rather than "Nursing Assistant Level 1." The Commission noted that the duties and responsibilities of the nursing assistants aligned more closely with the criteria for "Assistant in Nursing." It was determined that the union's classification was incorrect as per the agreement. Consequently, the Commission granted the applicants' request for a declaration that the classification of the nursing assistants should be "Assistant in Nursing." This decision was based on the detailed analysis of the roles and responsibilities of the nursing assistants as outlined in the enterprise agreement.

The Fair Work Commission declared that the nursing assistants employed by Marian Nursing Home should be classified as "Assistant in Nursing" in accordance with the NSWNMA and HSU NSW Enterprise Agreement 2014 - 2017. The union was directed to adjust the classification of the nursing assistants accordingly. The decision was binding on both parties and provided clarity on the correct classification of the nursing assistants under the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established