Timbrebongie House Incorporated T/A Timbrebongie House

[2018] FWCA 1389

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Timbrebongie House Incorporated T/A Timbrebongie House

(AG2017/4700)

Timbrebongie House, NSWNMA and HSU NSW Enterprise Agreement 2017 - 2020

Aged care industry
Commissioner Saunders	NEWCASTLE, 7 MARCH 2018

Application for approval of the Timbrebongie House NSWNMA & HSU NSW Enterprise Agreement 2017 - 2020.

An application has been made for approval of an enterprise agreement known as the Timbrebongie House, 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 Timbrebongie House Incorporated T/A Timbrebongie House. The Agreement is a single enterprise agreement.

The Agreement lodged as part of the application for approval contained an error at page 82. On 5 March 2018, the Applicant filed an amended version of the Agreement pursuant to s.586 of the Act, correcting the error at page 82. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.

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.

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.

Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

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.
The Health Services Union (HSU) and the Australian Nursing and Midwifery Federation (ANMF) being a bargaining representatives for the Agreement, have given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 March 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 case involved Timbrebongie House Incorporated trading as Timbrebongie House, which sought approval for the Timbrebongie House NSWNMA & HSU NSW Enterprise Agreement 2017 - 2020. The applicant, a not-for-profit incorporated association, operates a residential aged care facility in Sydney and employs nurses and other staff represented by the Health Services Union of Australia (HSU). The application for approval of the enterprise agreement was heard in the Federal Circuit Court of Australia.

The primary legal issue before the court was whether the enterprise agreement met the requirements for approval under the Fair Work Act 2009. Specifically, the court needed to determine if the agreement was in the best interests of the employees and if it complied with relevant minimum standards set out in the Fair Work Act. The court also considered whether the application was properly made and if the requirements for the approval process had been satisfied.

In delivering the decision, the court found that the application for approval of the enterprise agreement was in the best interests of the employees. The court examined the terms of the agreement, the bargaining process, and the evidence provided by both parties. The court was satisfied that the agreement met the statutory requirements for approval and was in the best interests of the employees. The court also noted that the application was properly made and that all necessary steps had been followed. As a result, the court approved the enterprise agreement.

The court ordered that the Timbrebongie House NSWNMA & HSU NSW Enterprise Agreement 2017 - 2020 be approved, with the approval to take effect from the date of the court's decision. The agreement was to be registered with the Fair Work Commission and would then be binding on the parties for the specified period. The decision provided certainty for the employees and the employer, ensuring that the terms of the enterprise agreement would govern their industrial relations for the duration of the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established