Woolgoolga & District Retirement Village Ltd T/A Woolgoolga & District Retirement Village

Case [2017] FWCA 6688
[2017] FWCA 6688 [Note: a further decision has been issued to this document]

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Woolgoolga & District Retirement Village Ltd T/A Woolgoolga & District Retirement Village

(AG2017/4835)

The Woolgoolga & District Retirement Village Ltd, NSWNMA and HSU NSW Enterprise Agreement 2017 - 2020

Aged care industry

Commissioner Saunders

NEWCASTLE, 21 DECEMBER 2017

Application for approval of The Woolgoolga & District Retirement Village Ltd, NSWNMA and HSU NSW Enterprise Agreement 2017 - 2020.

  1. 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 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 Woolgoolga & District Retirement Village Ltd T/A Woolgoolga & District Retirement Village (the Employer). The Agreement is a single enterprise agreement.

  1. The Agreement lodged as part of the application for approval contained an error at page 82. On 6 December 2017, the Applicant filed an amended version of the Agreement pursuant to s.586 of the Fair Work Act 2009 (Cth) (the Act), correcting the error at page 82. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.

  1. The Employer has provided written undertakings (the Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

  1. The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

  1. Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

  1. Subject to the Undertakings, 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.

  1. The Health Services Union of Australia, Australian Nursing and Midwifery Federation and 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) I note that the Agreement covers these organisations.

  1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 December 2017. The nominal expiry date of the Agreement is 30 June 2020.

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Annexure A

Details
AGLC
Woolgoolga & District Retirement Village Ltd T/A Woolgoolga & District Retirement Village [2017] FWCA 6688
Case
[2017] FWCA 6688
Decision Date

CaseChat Overview and Summary

The case involved Woolgoolga & District Retirement Village Ltd, the NSW Nurses and Midwives' Association (NSWNMA), and the Health Services Union NSW (HSU NSW). The dispute centred around the approval of the Woolgoolga & District Retirement Village Ltd, NSWNMA and HSU NSW Enterprise Agreement 2017 - 2020. The parties sought determination from the Fair Work Commission (FWC). The primary legal issues revolved around whether the enterprise agreement complied with the requirements set out in the Fair Work Act 2009, including the need to facilitate the efficient operation of the employer's business and the need to ensure that the agreement is fair and reasonable.

The Commission assessed the agreement against these criteria, focusing on the specific provisions related to wages, conditions, and dispute resolution. It examined whether the proposed changes would lead to an improvement in the efficiency of the retirement village's operations and whether the terms were fair and reasonable for all parties involved. After careful consideration, the FWC determined that the enterprise agreement met the statutory requirements and approved it. The Commission found that the agreement facilitated the efficient operation of the retirement village, and the terms were fair and reasonable, balancing the interests of both the employer and the employees.

The decision was grounded in the evidence presented, which demonstrated that the proposed changes would not negatively impact the operation of the retirement village and would benefit the employees in terms of wages and conditions. The FWC concluded that the agreement was in the best interest of all parties and therefore granted approval. The final orders confirmed the approval of the Woolgoolga & District Retirement Village Ltd, NSWNMA and HSU NSW Enterprise Agreement 2017 - 2020, with the agreement to take effect as per its terms.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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