DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Trutron Pty Ltd T/A Miranda Aged Care
(AG2017/2954)

TRUTRON PTY LTD, NSWNMA, ANMF NSW BRANCH AND HSU NEW SOUTH WALES BRANCH ENTERPRISE AGREEMENT 2017

Aged care industry
COMMISSIONER SAUNDERS	MELBOURNE, 30 AUGUST 2017

Application for approval of the Trutron Pty Ltd, 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 Trutron Pty Ltd, 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 Trutron Pty Ltd T/A Miranda Aged Care.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 6 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

Trutron Pty Ltd, trading as Miranda Aged Care, applied to the Fair Work Commission for approval of the Enterprise Agreement 2017 with NSWNMA, ANMF NSW Branch, and HSU New South Wales Branch. The applicants sought to have the agreement made applicable to the employees of Miranda Aged Care. The dispute arose from the standard bargaining process, and the application was heard by the Fair Work Commission. The legal issues before the court centred on whether the agreement complied with the requirements of the Fair Work Act 2009, specifically sections relating to good faith bargaining, the coverage of the agreement, and whether the agreement was made in accordance with the necessary procedures.

The Fair Work Commission assessed the application to ensure that the agreement was negotiated in good faith, that it covered the requisite terms and conditions of employment, and that it was made in accordance with the procedural requirements. The Commission considered submissions from the parties and evidence provided. The Commission found that the agreement was indeed negotiated in good faith, that it covered all necessary terms and conditions of employment, and that it adhered to the procedural requirements set out in the Fair Work Act. Consequently, the Commission approved the Enterprise Agreement 2017.

The Fair Work Commission's decision was based on a comprehensive review of the bargaining process, the content of the agreement, and the adherence to legislative requirements. The Commission concluded that the agreement was fair and reasonable, and it approved the application. This decision ensures that the employees of Miranda Aged Care will be governed by the terms and conditions set out in the approved agreement.

Trutron Pty Ltd T/A Miranda Aged Care

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established