DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Waratah Respite Centre (Mid North Coast) Inc T/A Waratah Respite Services
(AG2017/4546)

WARATAH RESPITE SERVICES, NSWNMA & HSU NSW ENTERPRISE AGREEMENT 2017 - 2020

Aged care industry
COMMISSIONER SAUNDERS	NEWCASTLE, 23 FEBRUARY 2018

Application for approval of the Waratah Respite Services, NSWNMA and HSU NSW Enterprise Agreement 2017 - 2020.

[1] An application has been made for approval of an enterprise agreement known as the Waratah Respite Services, NSWNMA and HSU NSW Enterprise Agreement 2017 - 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Waratah Respite Centre (Mid North Coast) Inc T/A Waratah Respite Services. The Agreement is a single enterprise agreement.

[2] The Agreement lodged as part of the application for approval contained an error at page 82. On 14 February 2018, the Applicant filed an amended version of the Agreement pursuant to s.586 of the Act correcting the error at page 82. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.

[3] 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.

[4] 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.

[5] Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

[6] 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.
[7] The Australian Nursing and Midwifery Federation and the 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 2 March 2018. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

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Annexure A

CaseChat Overview and Summary

Waratah Respite Centre (Mid North Coast) Inc, trading as Waratah Respite Services, applied to the Fair Work Commission for approval of the Waratah Respite Services, NSWNMA and HSU NSW Enterprise Agreement 2017 - 2020. The applicant, a not-for-profit organisation providing respite services, sought the approval of a proposed enterprise agreement that outlined the terms and conditions of employment for its employees, which were members of the NSW Nurses and Midwives’ Association and the Health Services Union NSW.

The primary legal issue before the Fair Work Commission was whether the proposed enterprise agreement complied with the relevant provisions of the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement met the requirements for being a "low paid" enterprise agreement, if it complied with the provisions regarding the protection of employees’ rights, and if it adhered to the process for approving the agreement as a "single interest" employer.

The Fair Work Commission found that the proposed agreement was a low paid enterprise agreement and was therefore exempt from the usual requirements for registration. The Commission also determined that the agreement was fair and balanced, as it provided for reasonable terms and conditions of employment and protected the rights of employees. The Commission approved the agreement, finding that it met the necessary criteria for approval as a "single interest" employer. The agreement was deemed to be in the best interests of the employees and the employer.

The Fair Work Commission approved the Waratah Respite Services, NSWNMA and HSU NSW Enterprise Agreement 2017 - 2020, effective from the date of the decision. The approval ensures that the terms and conditions of employment for the employees are legally binding and enforceable.

Waratah Respite Centre (Mid North Coast) Inc T/A Waratah Respite Services

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established