Woolgoolga and District Retirement Village Limited

[2024] FWCA 1285

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Woolgoolga and District Retirement Village Limited

(AG2024/498)

WOOLGOOLGA & DISTRICT RETIREMENT VILLAGE LTD, NSWNMA AND HSU NSW ENTERPRISE AGREEMENT 2023

Aged Care Industry
COMMISSIONER CRAWFORD	SYDNEY, 10 APRIL 2024

Application for approval of the Woolgoolga & District Retirement Village Ltd, NSWNMA and HSU NSW Enterprise Agreement 2023

An application has been made for approval of an enterprise agreement known as the Woolgoolga & District Retirement Village Ltd, 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 Woolgoolga and District Retirement Village Limited (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

Woolgoolga and District Retirement Village Limited, the New South Wales Nurses and Midwives Association (NSWNMA) and the Health Services Union NSW (HSU NSW) sought approval of an enterprise agreement, which was opposed by some employees of the Retirement Village. The dispute was heard by the Fair Work Commission. The primary issue before the Commission was whether the enterprise agreement should be approved, despite the objections of some employees. The Commission needed to determine whether the agreement met the statutory requirements for approval and whether it was in the best interests of the employees.

The Commission considered the provisions of the Fair Work Act and the evidence presented by both parties. It found that the agreement contained all the mandatory terms and conditions as required by the Act, and that the majority of employees supported the agreement. The Commission also noted that the agreement provided for fair and reasonable terms and conditions of employment, and that it was in the best interests of the employees. The Commission therefore approved the enterprise agreement, despite the objections of some employees.

The Fair Work Commission approved the Woolgoolga and District Retirement Village Limited, NSWNMA and HSU NSW Enterprise Agreement 2023. The decision was made on the basis that the agreement met all statutory requirements and was in the best interests of the majority of employees. The Commission found that the agreement contained all the mandatory terms and conditions, and that it provided for fair and reasonable terms and conditions of employment. The Commission also noted that the majority of employees supported the agreement, despite the objections of some. The Commission approved the agreement, and it will now come into effect.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established