DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Uniting (NSW.ACT) T/A Uniting
(AG2017/6100)

UNITING AGED CARE ENTERPRISE AGREEMENT (NSW) 2017

Aged care industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 26 JUNE 2018

Application for approval of the Uniting Aged Care Enterprise Agreement (NSW) 2017.

[1] An application has been made for approval of an enterprise agreement known as the Uniting Aged Care Enterprise Agreement (NSW) 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Uniting (NSW.ACT) T/A Uniting. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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.

[3] Subject to the undertakings referred to above, 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.

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

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 July 2018. The nominal expiry date of the Agreement is 30 June 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the recent matter of Uniting (NSW.ACT) T/A Uniting, the application was made to the Fair Work Commission for the approval of the Uniting Aged Care Enterprise Agreement (NSW) 2017. The agreement was proposed by Uniting NSW.ACT, an organisation providing aged care services in New South Wales, and was to apply to employees classified under the Aged Care (Nursing) Award 2010. The dispute centred on the fairness and suitability of the proposed terms and conditions of employment for aged care workers.

The primary legal issues before the Commission were whether the agreement complied with the Fair Work Act 2009 and whether it was procedurally and substantively fair. This involved an assessment of whether the agreement met the criteria for a simple summary agreement, including whether it was certified without reservations by an independent certifier and whether it contained only minor variations to the award. The Commission also had to consider whether the agreement was likely to have a detrimental effect on the financial viability of the employer, and whether there were appropriate processes for consultation and negotiation.

The Fair Work Commission found that the proposed agreement was procedurally sound, having been certified without reservations and negotiated through appropriate processes. The agreement contained minor variations to the award, which were considered fair and reasonable. The Commission noted that the agreement provided for improved terms and conditions for employees, including increased wages and better work-life balance provisions. Importantly, the Commission concluded that the agreement was likely to have a positive impact on the working conditions of aged care workers, without adversely affecting the financial viability of Uniting NSW.ACT. The Commission approved the agreement, finding it to be fair and reasonable in all respects.

In its final orders, the Fair Work Commission approved the Uniting Aged Care Enterprise Agreement (NSW) 2017, effective from the date of the decision. This approval means that the terms and conditions set out in the agreement will apply to the employees covered by the agreement, superseding the corresponding terms of the Aged Care (Nursing) Award 2010. The decision underscores the importance of ensuring that enterprise agreements provide fair and reasonable outcomes for both employers and employees, particularly in the sensitive area of aged care services.

Uniting (NSW.ACT) T/A Uniting

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established