Wesley Community Services Ltd T/A Wesley Mission Summary

[2018] FWCA 7502

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Wesley Community Services Ltd T/A Wesley Mission

(AG2018/3169)

WESLEY MISSION RESIDENTIAL AGED CARE & VILLAGES, NSWNMA AND HSU NSW ENTERPRISE AGREEMENT 2017-2020

Aged care industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 11 DECEMBER 2018

Application for approval of the Wesley Mission Residential Aged Care & Villages, NSWNMA and HSU NSW Enterprise Agreement 2017 - 2020.

An application has been made for approval of an enterprise agreement known as the Wesley Mission Residential Aged Care & Villages, 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 Wesley Community Services Ltd T/A Wesley Mission. The Agreement is a single enterprise agreement.

The Employer 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.

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.

The Agreement lodged contained a referencing error at Schedule D.1. On the 4 December 2018, the Applicant filed an amended page of the Agreement pursuant to s.586 of the Act. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.

The Australian Nursing and Midwifery Federation (ANMF) and the Health Services Union (HSU) 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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 December 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

The parties involved in this case were Wesley Community Services Ltd, trading as Wesley Mission, and various other entities. The dispute centred around the application for the approval of the Wesley Mission Residential Aged Care & Villages, NSWNMA and HSU NSW Enterprise Agreement 2017 - 2020. The case was heard by the Fair Work Commission, a federal statutory tribunal in Australia responsible for resolving workplace disputes.

The central legal issue before the Commission was whether the proposed enterprise agreement was in compliance with the requirements of the Fair Work Act 2009, including provisions concerning employee entitlements, workplace conditions, and procedural fairness. Specifically, the Commission had to determine if the agreement met the standards for "better off overall" and "in the best interests of the employees," as well as whether the proper procedures were followed during the negotiation and finalisation of the agreement.

The Fair Work Commission carefully reviewed the terms of the enterprise agreement and the evidence presented by both parties. The Commission found that the agreement was generally in line with the relevant legal standards and that the process for reaching the agreement was fair and transparent. The Commission was satisfied that the employees would be better off overall with the new agreement, as it provided improved conditions and benefits compared to the previous arrangement. Consequently, the Commission approved the enterprise agreement, ensuring that it would be legally binding and enforceable for the relevant period.

No additional final orders were made, as the primary issue of approval had been addressed. The decision confirmed the legitimacy of the agreement, allowing it to be implemented without further legal impediments.

Wesley Community Services Ltd T/A Wesley Mission

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established