DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Woolgoolga & District Retirement Village Ltd
(AG2014/9659)

WOOLGOOLGA & DISTRICT RETIREMENT VILLAGE LTD, NSWNMA AND HSU NSW ENTERPRISE AGREEMENT 2014 - 2017.

Aged care industry
DEPUTY PRESIDENT BOOTH	SYDNEY, 2 DECEMBER 2014

Application for approval of the Woolgoolga & District Retirement Village Ltd, NSWNMA & HSU NSW Enterprise Agreement 2014 - 2017.

[1] An application has been made for approval of an enterprise agreement known as the Woolgoolga & District Retirement Village Ltd, NSWNMA & HSU NSW Enterprise Agreement 2014 - 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Woolgoolga & District Retirement Village Ltd. The agreement is a single-enterprise agreement.

[2] The Health Services Union New South Wales Branch, the New South Wales Branch of the Australian Nursing and Midwifery Federation and the New South Wales Nurses and Midwives’ Association, 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 these 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 9 December 2014. The nominal expiry date of the Agreement is 30 June 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved Woolgoolga & District Retirement Village Ltd, along with the NSW Nurses and Midwives' Association and the Health Services Union NSW, who were seeking approval of their Enterprise Agreement 2014-2017. The primary dispute centred on the terms and conditions of employment within the retirement village, focusing on issues such as wages, working conditions, and employee benefits. The matter was heard in the Fair Work Commission, the body responsible for resolving workplace disputes and overseeing the implementation of the Fair Work Act 2009.

The legal issues the Commission needed to address were whether the proposed agreement met the criteria for approval under the Fair Work Act, particularly whether it provided for the safety, health, and welfare of employees, and whether it was free from prohibited content such as discrimination or unjustifiable hardship. Additionally, the Commission had to consider whether the agreement was genuinely negotiated and if it provided for a fair and efficient workplace. The bargaining process, the terms of the agreement, and the interests of the employees were all scrutinised to determine compliance with legislative requirements.

The Commission found that the Enterprise Agreement met the necessary standards for approval. It concluded that the agreement was genuinely negotiated, provided for fair terms and conditions, and did not contain any discriminatory or unjust provisions. The Commission also noted that the agreement adequately protected the health and welfare of employees while ensuring the financial sustainability of the retirement village. Given these findings, the Commission approved the Enterprise Agreement, allowing it to take effect and govern the employment conditions for the specified period.

The final orders of the Commission were that the Woolgoolga & District Retirement Village Ltd, NSWNMA & HSU NSW Enterprise Agreement 2014-2017 be approved and registered. This decision ensured that the terms and conditions set out in the agreement would legally bind the parties and provide a framework for employment relations within the retirement village for the duration of the agreement.

Woolgoolga & District Retirement Village Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established