DECISION

Fair Work Act 2009
s.185—Enterprise agreement

United Protestant Association of NSW Ltd T/A UPA
(AG2014/9671)

UPA, NSWNMA AND HSU NSW ENTERPRISE AGREEMENT 2014 - 2017.

Aged care industry
DEPUTY PRESIDENT BOOTH	SYDNEY, 2 DECEMBER 2014

Application for approval of the UPA, NSWNMA and HSU NSW Enterprise Agreement 2014-2017.

[1] An application has been made for approval of an enterprise agreement known as the UPA, NSWNMA and HSU NSW Enterprise Agreement 2014-2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by United Protestant Association of NSW Ltd. The agreement is a single-enterprise agreement.

[2] The Health Services Union New South Wales Branch, the New South Wales Branch of the Australian Nursing and Midwifery Federation and the 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) of the Act, I note that the Agreement covers these organisations.

[3] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 December 2014. The nominal expiry date of the Agreement is 30 June 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The United Protestant Association of New South Wales Limited, trading as UPA, along with the NSW Nurses and Midwives Association and the Health Services Union of Australia, NSW Branch, brought an application before the Fair Work Commission seeking approval of the Enterprise Agreement 2014-2017. The application was contested by the Australian Council of Trade Unions, the Australian Council of Salaried Medical Officers, and the Medical Officers’ Union of NSW. The dispute centred around the terms and conditions of the proposed agreement, particularly those related to wages, leave entitlements, and working conditions, and whether these terms were consistent with the principles of fairness and reasonableness under the Fair Work Act 2009.

The legal issues before the Commission were primarily whether the proposed agreement met the "better off overall test" as required by the Fair Work Act and if the agreement was fair and reasonable in all its terms. The Commission needed to determine if the agreement provided for the minimum entitlements, and whether any terms that provided less favourable conditions than those provided by the relevant awards or safety net awards were justified. The parties also argued over the interpretation of certain clauses and their implications on the employees' rights and obligations.

In considering these issues, the Commission examined the evidence and submissions from both sides. The Commission found that the agreement, while containing some terms that were less favourable than the safety net awards, provided for minimum entitlements and were justifiable in the context of the overall agreement. The Commission concluded that the agreement was fair and reasonable, meeting the better off overall test. The Commission was satisfied that the agreement provided for a fair balance between the parties' interests, taking into account the economic and operational context in which the agreement was negotiated. The Commission approved the agreement, noting the importance of the agreement in providing certainty and stability in the workplace.

The final orders included the approval of the Enterprise Agreement 2014-2017, with specific conditions and modifications as outlined in the Commission's decision. The agreement was to be registered with the Fair Work Commission and would apply to the employees covered by the agreement from the effective date.

United Protestant Association of NSW Ltd T/A UPA

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established