Waratah Respite Centre (Mid North Coast) Incorporated Summary

[2024] FWCA 1273

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Waratah Respite Centre (Mid North Coast) Incorporated

(AG2024/496)

WARATAH RESPITE SERVICES (MID NORTH COAST) INCORPORATED, NSWNMA AND HSU NSW ENTERPRISE AGREEMENT 2023

Aged Care Industry
COMMISSIONER CRAWFORD	SYDNEY, 9 APRIL 2024

Application for approval of the Waratah Respite Services (Mid North Coast) Incorporated, NSWNMA and HSU NSW Enterprise Agreement 2023

An application has been made for approval of an enterprise agreement known as the Waratah Respite Services (Mid North Coast) Incorporated, 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 Waratah Respite Centre (Mid North Coast) Incorporated (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

In the recent case, Waratah Respite Centre (Mid North Coast) Incorporated sought approval for the Waratah Respite Services (Mid North Coast) Incorporated, NSWNMA and HSU NSW Enterprise Agreement 2023. The dispute arose under the Fair Work Act 2009, which requires the Fair Work Commission to approve enterprise agreements before they can be implemented. The application was brought before the Fair Work Commission, which was tasked with determining whether the agreement met the legal criteria for approval.

The legal issues before the Commission centred on the provisions of the Fair Work Act and the principles of enterprise bargaining. Specifically, the Commission needed to ascertain whether the agreement had been made in good faith and whether it provided for the proper negotiation of terms and conditions of employment. The Commission also needed to consider whether the agreement met the requirements for registration under the Act, including provisions for dispute resolution and the protection of employees' rights.

The Fair Work Commission found that the Waratah Respite Services (Mid North Coast) Incorporated, NSWNMA and HSU NSW Enterprise Agreement 2023 met the necessary criteria for approval. The Commission found that the agreement was made in good faith and provided for the proper negotiation of terms and conditions of employment. The Commission also found that the agreement met the requirements for registration under the Fair Work Act, including provisions for dispute resolution and the protection of employees' rights. The Commission noted that the agreement contained provisions for the protection of vulnerable workers and provided for fair and reasonable terms and conditions of employment.

Accordingly, the Fair Work Commission approved the Waratah Respite Services (Mid North Coast) Incorporated, NSWNMA and HSU NSW Enterprise Agreement 2023. The Commission found that the agreement was in the best interests of the employees and met the requirements for approval under the Fair Work Act. The Commission also noted that the agreement provided for fair and reasonable terms and conditions of employment and was in line with the principles of enterprise bargaining. The Commission's approval of the agreement allows it to be implemented and enforced as a legally binding contract between the parties.

Waratah Respite Centre (Mid North Coast) Incorporated

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established