DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Warrigal Care T/A Warrigal
(AG2017/5729)

WARRIGAL AND NSW NURSES AND MIDWIVES’ ASSOCIATION, AUSTRALIAN NURSING AND MIDWIFERY FEDERATION NSW BRANCH, AND HEALTH SERVICES UNION NSW/ACT BRANCH ENTERPRISE AGREEMENT 2017

Aged care industry
COMMISSIONER WILSON	MELBOURNE, 31 MAY 2018

Application for approval of the Warrigal and NSW Nurses and Midwives’ Association, Australian Nursing and Midwifery Federation NSW Branch, and Health Services Union NSW/ACT Branch Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Warrigal and NSW Nurses and Midwives’ Association, Australian Nursing and Midwifery Federation NSW Branch, and Health Services Union NSW/ACT Branch Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Warrigal Care T/A Warrigal. 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 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 it. 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 7 June 2018. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

The applicant sought approval for an enterprise agreement between Warrigal Care and three unions. The agreement was for registered nurses, enrolled nurses, and personal care attendants. The Fair Work Commission heard the application.

The Commission considered if the agreement complied with the Fair Work Act. It examined the agreement's coverage, the process for making it, and its terms. The Commission also assessed if the agreement met the better-off-overall test. This required the agreement to be at least as good as the relevant award or registered agreement.

The Commission found the agreement complied with the Act. It was made through genuine agreement, covered the correct employees, and met the better-off-overall test. The Commission noted some minor issues but found they did not affect the overall fairness of the agreement.

The Commission approved the enterprise agreement. It will apply to the relevant employees from the date of approval. The agreement provides for wages, conditions, and other terms and conditions of employment.

Warrigal Care T/A Warrigal

DECISION

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Background to the litigation

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Legal Principle Established