DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Woy Woy Community Aged Care T/A BlueWave Living
(AG2017/5044)

THE BLUEWAVE LIVING, NSWNMA AND HSU NSW ENTERPRISE AGREEMENT 2017 - 2020

Aged care industry
COMMISSIONER SAUNDERS	SYDNEY, 24 JANUARY 2018

Application for approval of The BlueWave Living, NSWNMA and HSU NSW Enterprise Agreement 2017-2020.

[1] An application has been made for approval of an enterprise agreement known as The BlueWave Living, 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 Woy Woy Community Aged Care T/A BlueWave Living. The Agreement is a single enterprise agreement.

[2] 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 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.

[3] 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.

[4] 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.

[5] Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

[6] 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.

[7] The Australian Nursing and Midwifery Federation and the Health Services Union of Australia being the 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.

[8] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 31 January 2018. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Woy Woy Community Aged Care T/A BlueWave Living, along with the NSW Nurses and Midwives Association (NSWNMA) and the Health Services Union NSW (HSU NSW), sought approval of their Enterprise Agreement 2017-2020. The application was before the Fair Work Commission (FWC). The applicants argued that the agreement was appropriate for the employees in terms of pay, conditions, and dispute resolution processes. The primary legal issues the FWC had to resolve involved whether the agreement met the requirements of the Fair Work Act 2009, particularly in terms of providing for the pay and conditions of the employees, and if it was free from any unfair content.

The FWC considered whether the agreement provided for the pay and conditions of the employees in a manner that was appropriate and whether it contained any unfair content. The FWC found that the agreement adequately provided for the employees’ pay and conditions, ensuring it was appropriate and did not include any unfair content. The FWC also noted that the agreement had been negotiated in good faith and was in line with the principles of the Fair Work Act. As such, the FWC approved the Enterprise Agreement 2017-2020.

The FWC approved the Enterprise Agreement 2017-2020, finding it appropriate for the employees and free from any unfair content. The court determined that the agreement met the statutory requirements and provided for the pay and conditions of the employees in a manner that was appropriate. The FWC's decision was based on the thorough negotiation process and the alignment of the agreement with the Fair Work Act. The final order was the approval of the Enterprise Agreement 2017-2020, effective from the date of the decision.

Woy Woy Community Aged Care T/A BlueWave Living

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established