Wesley Mission

[2013] FWCA 9562

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Wesley Mission
(AG2013/11362)

THE WESLEY MISSION RESIDENTIAL AGED CARE & VILLAGES, NSWNMA AND HSU NSW ENTERPRISE AGREEMENT 2012 - 2014

Aged care industry
DEPUTY PRESIDENT BOOTH	SYDNEY, 5 DECEMBER 2013

Application for approval of The Wesley Mission Residential Aged Care & Villages, NSWNMA and HSU NSW Enterprise Agreement 2012 - 2014.

[1] 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 2012 - 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Wesley Mission. The agreement is a single-enterprise agreement.

[2] The Health Services Union, New South Wales Branch, the New South Wales Nurses and Midwives’ Association and the Australian Nursing and Midwifery Federation, New South Wales Branch, 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) of the Act, I note that the Agreement covers the organisations.

[3] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 December 2013. The nominal expiry date of the Agreement is 30 June 2014.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Health Services Union NSW Enterprise Branch and the New South Wales Nurses and Midwives' Association contended with Wesley Mission regarding the approval of the 2012 - 2014 enterprise agreement. The applicants sought formal endorsement of the agreement which outlined terms and conditions for employees within the residential aged care and villages sector operated by Wesley Mission. The dispute centred on whether the agreement complied with the applicable provisions of the Fair Work Act 2009 and whether it was made in good faith and covered all necessary matters.

The primary legal issues revolved around whether the agreement met the statutory requirements for approval, specifically if it contained the mandated 'pay and conditions' and was free from any unfair content. The court had to determine if the agreement was genuinely negotiated and whether it was made without coercion or under duress. Furthermore, the court needed to ensure that the agreement included all necessary provisions as stipulated by the Fair Work Act.

The Fair Work Commission assessed the agreement's provisions and found that it included all mandated 'pay and conditions' elements and did not contain any unfair content. The commission concluded that the agreement was made in good faith and that all necessary matters were covered. As a result, the commission approved the enterprise agreement, affirming its compliance with the statutory requirements. This decision was based on the thorough review of the negotiation process and the contents of the agreement, which demonstrated adherence to the principles of genuine negotiation and freedom from coercion.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established