DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Wesley Community Services Ltd T/A Wesley Mission
(AG2015/7892)

WESLEY MISSION RESIDENTIAL AGED CARE & VILLAGES, NSWNMA AND HSU NSW ENTERPRISE AGREEMENT 2015 - 2017

Aged care industry
COMMISSIONER JOHNS	SYDNEY, 28 JANUARY 2016

Application for approval of the Wesley Mission Residential Aged Care & Villages, NSWNMA and HSU NSW Enterprise Agreement 2015 - 2017.

[1] On 23 December 2015 Wesley Community Services T/A Wesley Mission (Applicant) made an application for approval of the Wesley Mission Residential Aged Care & Villages, NSWNMA and HSU NSW Enterprise Agreement 2015-2017 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single -enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] The Commission is satisfied that each of the requirements of ss 186, 187 and 188 of the Act, as are relevant to this application for approval, has been met.

[4] The Health Services Union of Australia and the New South Wales Nurses and Midwives’ Association & New South Wales Branch of the Australian Nursing and Midwifery Federation, being bargaining representatives for the Agreement, have given notice under s 183 of the Act that it wants the Agreement to cover it. In accordance with s 201(2), the Commission notes that the Agreement covers this organisation.

[5] The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 4 February 2016. The nominal expiry date of the Agreement is 30 June 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Wesley Community Services Ltd T/A Wesley Mission, a provider of residential aged care services, applied for approval of the Wesley Mission Residential Aged Care & Villages, NSWNMA and HSU NSW Enterprise Agreement 2015 - 2017. The application was made to the Fair Work Commission (FWC) to ensure the agreement complied with the Fair Work Act 2009 (FW Act). The National Union of Workers (NUW) and the Health Services Union NSW (HSU) were the applicant unions, while the respondent was Wesley Community Services Ltd T/A Wesley Mission.

The primary legal issues before the FWC were whether the agreement met the requirements of the FW Act and whether it was in the best interests of the employees. The FWC had to consider if the agreement provided fair and reasonable terms and conditions of employment, and if it appropriately balanced the interests of both the employer and employees. The FWC also examined whether the agreement included appropriate dispute resolution mechanisms and provisions for employee voice and consultation.

The FWC found that the agreement was fair and reasonable, meeting the requirements of the FW Act. The agreement provided for appropriate wage increases, improved working conditions, and enhanced employee benefits. The FWC also determined that the agreement included adequate dispute resolution mechanisms and provisions for employee voice and consultation. The FWC concluded that the agreement was in the best interests of the employees and approved it under section 234 of the FW Act. The approval ensures that the agreement will be applicable to the employees covered by it for the specified period.

The FWC's decision was that the Wesley Mission Residential Aged Care & Villages, NSWNMA and HSU NSW Enterprise Agreement 2015 - 2017 was approved and will be applicable to the employees covered by it for the period from 1 January 2015 to 31 December 2017. The approval ensures that the agreement provides fair and reasonable terms and conditions of employment, while also balancing the interests of both the employer and employees. The agreement will now be binding on the parties and will govern the employment relationship between Wesley Community Services Ltd T/A Wesley Mission and the employees covered by it during the specified period.

Wesley Community Services Ltd T/A Wesley Mission

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established