DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Tocumwal Lions Community Hostel Ltd
(AG2014/9731)

TOCUMWAL LIONS COMMUNITY HOSTEL, NSWNMA AND HSU NSW ENTERPRISE AGREEMENT 2014 - 2017.

Aged care industry
DEPUTY PRESIDENT BOOTH	SYDNEY, 4 DECEMBER 2014

Application for approval of the Tocumwal Lions Community Hostel, NSWNMA and HSU NSW Enterprise Agreement 2014 - 2017.

[1] An application has been made for approval of an enterprise agreement known as the Tocumwal Lions Community Hostel, 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 Tocumwal Lions Community Hostel 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 11 December 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 applicants, Tocumwal Lions Community Hostel Limited, sought approval from the Fair Work Commission for an enterprise agreement with the New South Wales Nurses and Midwives' Association (NSWNMA) and Health Services Union NSW (HSU NSW). The proposed agreement covered the period from 2014 to 2017. The applicants argued that the agreement was in the best interests of the employees and was necessary for the operation of the hostel. The NSWNMA and HSU NSW supported the application, asserting that the agreement met the requirements of the Fair Work Act 2009.

The legal issues before the court were whether the agreement met the statutory requirements under the Fair Work Act 2009, and whether it was in the best interests of the employees. The applicants needed to demonstrate that the agreement had been made in good faith, was free from coercion or undue influence, and was not contrary to public policy. Additionally, the court had to consider whether the agreement provided for fair and reasonable terms and conditions of employment.

The Fair Work Commission found that the applicants had demonstrated that the agreement had been made in good faith and was free from coercion or undue influence. The commission was satisfied that the agreement met the statutory requirements under the Fair Work Act 2009 and was in the best interests of the employees. The commission noted that the agreement provided for fair and reasonable terms and conditions of employment, including provisions for wages, hours of work, leave, and other employment-related matters. The commission approved the enterprise agreement, subject to certain conditions and variations.

The final orders of the Fair Work Commission were that the enterprise agreement between Tocumwal Lions Community Hostel Limited, NSWNMA, and HSU NSW for the period 2014 to 2017 be approved, subject to certain conditions and variations. The commission imposed conditions to ensure that the agreement was implemented in a manner that was consistent with the Fair Work Act 2009 and the best interests of the employees. The commission also made variations to certain provisions of the agreement to ensure that they were fair and reasonable. The applicants and the unions were directed to take all necessary steps to implement the approved agreement.

Tocumwal Lions Community Hostel Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established