Thomas Holt Summary | CaseChat AU

[2014] FWCA 8285

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Thomas Holt
(AG2014/9523)

THOMAS HOLT, NSWNMA AND HSU NSW ENTERPRISE AGREEMENT 2014 - 2017.

Health and welfare services
DEPUTY PRESIDENT BOOTH	SYDNEY, 20 NOVEMBER 2014

Application for approval of the Thomas Holt, NSWNMA and HSU NSW Enterprise Agreement 2014 - 2017.

[1] An application has been made for approval of an enterprise agreement known as the Thomas Holt, 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 Thomas Holt. 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 27 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 case before the Fair Work Commission involved Thomas Holt, the New South Wales Nurses and Midwives Association (NSWNMA), and the Health Services Union NSW (HSU NSW). The applicants sought approval for the Enterprise Agreement between these parties, which covered the period from 2014 to 2017. The agreement was submitted to the Fair Work Commission for endorsement, and the dispute centred on whether the agreement met the necessary legal standards for approval.

The legal issues that the Fair Work Commission needed to resolve included whether the agreement had been made genuinely and freely without any form of coercion, whether it complied with the requirements of the Fair Work Act, and if it provided fair and reasonable terms and conditions for the employees. The Commission also had to ensure that the agreement did not have the effect of disadvantaging employees in relation to their wages, conditions, or other terms of employment.

After careful consideration of the submissions and evidence provided by the parties, the Fair Work Commission determined that the agreement met all the necessary criteria for approval. The Commission found that the agreement was made genuinely and without any undue influence and was in compliance with the Fair Work Act. Furthermore, it was concluded that the agreement provided fair and reasonable terms and conditions for the employees, without causing any disadvantage to them. Consequently, the Fair Work Commission approved the Enterprise Agreement between Thomas Holt, the NSWNMA, and the HSU NSW for the period from 2014 to 2017.

The final orders of the Commission were to approve the Enterprise Agreement, which would then be registered with the Fair Work Commission. This decision ensured that the terms and conditions of employment for the employees covered by the agreement would be legally binding and enforceable, providing certainty and stability in the workplace.

Thomas Holt

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Legal Principle Established