Yass Valley Aged Care Limited

[2024] FWCA 1883

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Yass Valley Aged Care Limited

(AG2024/1308)

YASS VALLEY AGED CARE LTD, NSWNMA AND HSU NSW ENTERPRISE AGREEMENT 2023

Aged Care Industry
COMMISSIONER CRAWFORD	SYDNEY, 23 MAY 2024

Application for approval of the Yass Valley Aged Care Ltd, NSWNMA and HSU NSW Enterprise Agreement 2023

An application has been made for approval of an enterprise agreement known as the Yass Valley Aged Care 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 Yass Valley Aged Care 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

The matter before the Fair Work Commission involved an application for the approval of the Yass Valley Aged Care Ltd, NSWNMA and HSU NSW Enterprise Agreement 2023. This enterprise agreement was submitted by the Health Services Union (HSU NSW) on behalf of the employees of Yass Valley Aged Care Limited. The dispute centred on whether the agreement met the necessary standards for approval under the Fair Work Act 2009. The Commission was required to determine if the agreement contained all the mandatory terms and conditions, was free from prohibited content, and complied with the procedural requirements for registration.

The legal issues that the Commission addressed included whether the enterprise agreement correctly outlined the terms and conditions of employment, ensuring they covered all the mandated aspects as per the Fair Work Act. Additionally, the Commission examined whether the agreement contained any terms that were expressly prohibited under the legislation, such as those that would undermine the rights of employees. The procedural fairness of the negotiation process and the agreement's compliance with the relevant provisions of the Act were also scrutinised.

The Commission found that the Yass Valley Aged Care Ltd, NSWNMA and HSU NSW Enterprise Agreement 2023 complied with the mandatory requirements of the Fair Work Act. The agreement was comprehensive in terms of the terms and conditions of employment and did not include any prohibited content. The negotiation process was deemed fair, and the agreement satisfied all procedural requirements for registration. Consequently, the Commission approved the enterprise agreement, confirming its validity and enforceability under the Act. The decision provided clarity on the application of the Fair Work Act in approving enterprise agreements, reinforcing the standards expected in such agreements.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established