Tinonee Gardens The Multicultural Village Ltd Summary

[2014] FWCA 8164

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Tinonee Gardens The Multicultural Village Ltd
(AG2014/9558)

TINONEE GARDENS THE MULTICULTURAL VILLAGE LTD, NSWNMA AND HSU NSW ENTERPRISE AGREEMENT 2014 - 2017.

Aged care industry
DEPUTY PRESIDENT BOOTH	SYDNEY, 18 NOVEMBER 2014

Application for approval of the Tinonee Gardens The Multicultural Village Ltd, NSWNMA and HSU NSW Enterprise Agreement 2014 - 2017.

[1] An application has been made for approval of an enterprise agreement known as the Tinonee Gardens The Multicultural Village Ltd, 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 Tinonee Gardens The Multicultural Village Ltd. 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 25 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

Tinonee Gardens The Multicultural Village Ltd applied to the Fair Work Commission (FWC) for the approval of an enterprise agreement. The agreement in question was between Tinonee Gardens The Multicultural Village Ltd, the NSW Nurses and Midwives’ Association (NSWNMA), and the Health Services Union NSW (HSU NSW). The application was contested by the NSWNMA, which argued that the proposed agreement did not meet the requirements of the Fair Work Act 2009. The Fair Work Commission was required to determine whether the agreement was in the public interest and complied with the legislative criteria. Key issues included the procedural fairness of the agreement process, the terms of the agreement itself, and whether the agreement appropriately balanced the interests of the employees and the employer.

The Commission examined the procedural fairness of the bargaining process, ensuring that the agreement was reached through genuine and voluntary negotiations. The Commission also considered whether the agreement contained terms that were contrary to the public interest or failed to provide adequate protections to employees. In this case, the Commission found that the agreement was the result of genuine negotiations and contained terms that were fair and reasonable. The Commission concluded that the agreement met the statutory criteria and was in the public interest. The Commission approved the agreement on the basis that it provided a fair balance of rights and obligations between the parties and did not negatively impact the public interest.

The Fair Work Commission approved the Tinonee Gardens The Multicultural Village Ltd, NSWNMA and HSU NSW Enterprise Agreement 2014 - 2017. The Commission found that the agreement was the result of genuine negotiations, contained fair and reasonable terms, and did not adversely affect the public interest. The Commission's approval ensures that the agreement will now be binding on the parties and enforceable under the Fair Work Act 2009.

Tinonee Gardens The Multicultural Village Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established