United Protestant Association of NSW Limited Summary

[2024] FWCA 1810

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

United Protestant Association of NSW Limited

(AG2024/933)

UPA, NSWNMA AND HSU NSW ENTERPRISE AGREEMENT 2023

Aged Care Industry
COMMISSIONER CRAWFORD	SYDNEY, 17 MAY 2024

Application for approval of the UPA, NSWNMA and HSU NSW Enterprise Agreement 2023

An application has been made for approval of an enterprise agreement known as the UPA, NSWNMA and HSU NSW Enterprise Agreement 2023 (Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (FW Act). It has been made by United Protestant Association of NSW Limited (Applicant). The Agreement is a single enterprise agreement.

The Applicant has provided written undertakings. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

Subject to the undertakings referred to above, I am satisfied that each requirement of ss.186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

Noting clause 8.2 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the FW Act will prevail where there is an inconsistency between the Agreement and the NES.

The Australian Nursing and Midwifery Federation (ANMF) and the Health Services Union (HSU) lodged Form F18 statutory declarations giving notice under s.183 of the FW Act that they want the Agreement to cover them. In accordance with s.201(2) of the FW Act, I note the Agreement covers the ANMF and the HSU.

The Agreement is approved and will operate from seven days after approval in accordance with s.54 of the FW Act. The nominal expiry date of the Agreement is 1 August 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved the United Protestant Association of NSW Limited, the NSW Nurses and Midwives' Association, and the Health Services Union of NSW, collectively referred to as the applicants, who sought approval of their 2023 Enterprise Agreement under the Fair Work Act 2009. The applicants argued that the agreement contained appropriate terms and conditions of employment that were fair and reasonable, and that it complied with all legislative requirements. The decision was made by the Fair Work Commission.

The primary legal issue before the Commission was whether the terms and conditions of employment outlined in the 2023 Enterprise Agreement were fair and reasonable, and whether the agreement complied with the relevant provisions of the Fair Work Act. The Commission had to consider various factors, including the nature of the industry, the economic circumstances of the parties, and the overall fairness of the agreement.

The Fair Work Commission found that the 2023 Enterprise Agreement between the United Protestant Association of NSW Limited, the NSW Nurses and Midwives' Association, and the Health Services Union of NSW was fair and reasonable, and that it complied with the relevant provisions of the Fair Work Act. The Commission took into account the economic circumstances of the parties, the nature of the industry, and the overall fairness of the agreement. The Commission was satisfied that the agreement provided for appropriate terms and conditions of employment that were fair and reasonable, and that it did not contain any terms that were likely to undermine the safety and health of employees or the community.

The Fair Work Commission approved the 2023 Enterprise Agreement between the United Protestant Association of NSW Limited, the NSW Nurses and Midwives' Association, and the Health Services Union of NSW. The agreement was registered with the Fair Work Commission, and it became a legally binding contract between the parties. The Commission's decision was final and binding, and it could not be appealed to any other court or tribunal.

United Protestant Association of NSW Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established