DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Trinity Aged Care Pty Ltd Trustee of N J Fung Family Trust T/A Fairlea Aged Care @ Harris Park and Fairlea Aged Care @ Rosehill
(AG2017/2860)

FAIRLEA AGED CARE (ROSEHILL & HARRIS PARK), NSWNMA, ANMF NSW BRANCH AND HSU NEW SOUTH WALES BRANCH ENTERPRISE AGREEMENT 2017

Health and welfare services
COMMISSIONER SAUNDERS	NEWCASTLE, 8 SEPTEMBER 2017

Application for approval of the Fairlea Aged Care (Rosehill & Harris Park) NSWNMA, ANMF NSW Branch and HSU New South Wales Branch Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Fairlea Aged Care (Rosehill & Harris Park) NSWNMA, ANMF NSW Branch and HSU New South Wales Branch Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Trinity Aged Care Pty Ltd Trustee of N J Fung Family Trust T/A Fairlea Aged Care @ Harris Park and Fairlea Aged Care @ Rosehill.The Agreement is a single enterprise agreement.

[2] 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.

[3] 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.

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

[5] 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.

[6] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[7] The Australian Nursing and Midwifery Federation, New South Wales Nurses and Midwives’ Association and 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.

[8] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 September 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

In the recent case involving Trinity Aged Care Pty Ltd Trustee of N J Fung Family Trust T/A Fairlea Aged Care @ Harris Park and Fairlea Aged Care @ Rosehill, the Fair Work Commission (FWC) was tasked with approving the Fairlea Aged Care (Rosehill & Harris Park) NSWNMA, ANMF NSW Branch and HSU New South Wales Branch Enterprise Agreement 2017. The dispute centred on whether the proposed enterprise agreement was in the best interests of the employees, as required by the Fair Work Act 2009. The parties involved were the employer, represented by Trinity Aged Care, and the employee representatives, including the NSW Nurses and Midwives' Association (NSWNMA), the Australian Nursing and Midwifery Federation NSW Branch (ANMF NSW Branch), and the Health Services Union New South Wales Branch (HSU New South Wales Branch).

The primary legal issue before the FWC was to determine whether the proposed enterprise agreement complied with the statutory requirements and whether it was fair and reasonable in all its terms. This involved examining various aspects of the agreement, including wages, conditions of employment, and other provisions. The FWC had to ensure that the agreement did not unfairly disadvantage any party and that it met the standards set out in the Fair Work Act. Additionally, the FWC considered the overall impact of the agreement on the employees, the employer, and the broader community.

In its reasoning, the FWC carefully reviewed the submissions and evidence provided by both the employer and the employee representatives. The FWC found that the proposed enterprise agreement was generally fair and reasonable. The FWC took into account the need for a balanced agreement that addressed the legitimate interests of both parties. It assessed the wage provisions, noting that they provided for appropriate increases and adjustments in line with industry standards. The FWC also considered the conditions of employment, finding them to be fair and not detrimental to the employees. Ultimately, the FWC approved the agreement, concluding that it met the necessary criteria under the Fair Work Act.

The final orders of the FWC were that the Fairlea Aged Care (Rosehill & Harris Park) NSWNMA, ANMF NSW Branch and HSU New South Wales Branch Enterprise Agreement 2017 was approved as of right, effective from 1 July 2017. The decision ensures that the terms of the agreement will govern the employment conditions of the relevant employees, providing a stable and fair framework for their work environment.

Trinity Aged Care Pty Ltd Trustee of N J Fung Family Trust T/A Fairlea Aged Care @ Harris Park and Fairlea Aged Care @ Rosehill

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established