Tinonee Gardens The Multicultural Village Limited

[2018] FWCA 637

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Tinonee Gardens The Multicultural Village Limited

(AG2017/4794)

Tinonee Gardens The Multicultural Village Limited, NSWNMA and HSU NSW Enterprise Agreement 2017 - 2020

Aged care industry
Commissioner Saunders	SYDNEY, 31 JANUARY 2018

Application for approval of the Tinonee Gardens The Multicultural Village Limited, NSWNMA and HSU NSW Enterprise Agreement 2017 - 2020.

An application has been made for approval of an enterprise agreement known as the Tinonee Gardens The Multicultural Village Limited, 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 Tinonee Gardens The Multicultural Village Limited. The Agreement is a single enterprise agreement.

The Agreement lodged as part of the application for approval contained an error at page 82. On 30 January 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 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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 February 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

Tinonee Gardens The Multicultural Village Limited applied to the Fair Work Commission for approval of an enterprise agreement with the NSW Nurses and Midwives Association and Health Services Union NSW. The Fair Work Commission was required to determine whether the proposed agreement met the requirements of the Fair Work Act 2009. Specifically, the Commission needed to consider if the agreement facilitated the improvement of workplace relations, provided for fair and effective dispute resolution processes, and did not discriminate against employees or employers.

The Commission reviewed the provisions of the proposed agreement, considering the principles of enterprise bargaining and the provisions of the Fair Work Act. It assessed whether the agreement contained mandatory terms that were necessary to prevent, mitigate or remedy an industrial dispute, and whether these terms were fair and reasonable. The Commission also considered the impact of the agreement on the parties involved and the broader industrial relations system.

After careful consideration, the Commission found that the proposed agreement met the necessary requirements for approval. It was determined that the agreement facilitated the improvement of workplace relations and provided for fair and effective dispute resolution processes. The Commission concluded that the agreement did not discriminate against employees or employers and was in the best interests of the parties involved.

As a result, the Fair Work Commission approved the Tinonee Gardens The Multicultural Village Limited, NSW Nurses and Midwives Association and Health Services Union NSW Enterprise Agreement 2017-2020. The agreement is now in effect and will govern the employment conditions of the parties involved for the specified period.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established