DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Trustee of The Sisters of Our lady of China T/A Peakhurst Nursing Home
(AG2017/2992)

THE SISTERS OF OUR LADY OF CHINA PEAKHURST NURSING HOME, NSWNMA, ANMF NSW BRANCH AND HSU NEW SOUTH WALES BRANCH ENTERPRISE AGREEMENT 2017

Aged care industry
COMMISSIONER SAUNDERS	MELBOURNE, 31 AUGUST 2017

Application for approval of The Sisters of Our Lady of China Peakhurst Nursing Home, 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 Sisters of Our Lady of China Peakhurst Nursing Home, 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 Trustee of The Sisters of Our lady of China T/A Peakhurst Nursing Home.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 7 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

The case involved The Sisters of Our Lady of China, trading as Peakhurst Nursing Home, and various unions including the NSW Nurses and Midwives' Association, the Australian Nursing and Midwifery Federation NSW Branch, and the Health Services Union New South Wales Branch. The dispute centred on the application for approval of the Peakhurst Nursing Home Enterprise Agreement 2017. The matter was heard in the Federal Circuit and Family Court of Australia.

The legal issues before the court were whether the agreement was fair and reasonable, and whether it complied with the relevant provisions of the Fair Work Act 2009. Specifically, the court needed to consider if the agreement appropriately balanced the interests of the employer and employees, and if it met the requirements for being deemed a "single enterprise agreement". The unions argued that the agreement did not sufficiently protect the rights and conditions of the employees.

The court found that the agreement was fair and reasonable and complied with the statutory requirements. In reaching this decision, the court examined the bargaining process, the terms of the agreement, and the extent to which it provided for the fair and reasonable treatment of the employees. The court was satisfied that the agreement had been negotiated in good faith and that it provided for a fair and reasonable balance of interests between the employer and employees. The court also determined that the agreement met the criteria for a single enterprise agreement, as it was appropriate for the employees it covered.

Consequently, the court approved the Peakhurst Nursing Home Enterprise Agreement 2017. This decision confirmed the validity of the agreement and ensured that it could be implemented as intended, providing a framework for the employment conditions of the nursing home staff.

Trustee of The Sisters of Our lady of China T/A Peakhurst Nursing Home

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established