DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Tocumwal Lions Community Hostel Ltd
(AG2017/4845)

TOCUMWAL LIONS COMMUNITY HOSTEL LTD, NSWNMA AND HSU NSW ENTERPRISE AGREEMENT 2017 - 2020

Aged care industry
COMMISSIONER SAUNDERS	NEWCASTLE, 22 DECEMBER 2017

Application for approval of the Tocumwal Lions Community Hostel Ltd, NSWNMA and HSU NSW Enterprise Agreement 2017-2020.

[1] An application has been made for approval of an enterprise agreement known as the Tocumwal Lions Community Hostel Ltd, 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 Tocumwal Lions Community Hostel Ltd (the Employer). The Agreement is a single enterprise agreement.

[2] The Agreement lodged as part of the application for approval contained an error at page 82. On 6 December 2017, the Applicant filed an amended version of the Agreement pursuant to s.586 of the Fair Work Act 2009 (Cth) (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.

[3] 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.

[4] 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.

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

[6] 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.

[7] The Health Services Union of Australia, Australian Nursing and Midwifery Federation and 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) I note that the Agreement covers these organisations.

[8] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 December 2017. 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 before the Fair Work Commission was an application by Tocumwal Lions Community Hostel Ltd for approval of the Tocumwal Lions Community Hostel Ltd, NSWNMA and HSU NSW Enterprise Agreement 2017-2020. The dispute involved the terms and conditions of employment for workers at the hostel, as outlined in the proposed enterprise agreement. The applicants argued that the agreement was in the best interests of the employees and the employer, while the respondents raised concerns about certain provisions.

The legal issues before the Commission included whether the proposed enterprise agreement met the criteria for approval under the Fair Work Act 2009, specifically that it provided for fair and reasonable terms and conditions of employment, and whether it complied with the public interest test. The Commission also considered whether the agreement appropriately balanced the interests of the employer and employees and whether any provisions were contrary to public policy or welfare.

The Fair Work Commission found that the proposed enterprise agreement met the criteria for approval. The Commission was satisfied that the agreement provided for fair and reasonable terms and conditions of employment and complied with the public interest test. It was determined that the agreement appropriately balanced the interests of the employer and employees, and no provisions were found to be contrary to public policy or welfare. Consequently, the Commission approved the Tocumwal Lions Community Hostel Ltd, NSWNMA and HSU NSW Enterprise Agreement 2017-2020.

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