DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Yass Valley Aged Care Ltd
(AG2014/10758)

YASS VALLEY AGED CARE LTD, NSWNMA AND HSU NSW ENTERPRISE AGREEMENT 2014 - 2017.

Aged care industry
DEPUTY PRESIDENT BOOTH	SYDNEY, 17 DECEMBER 2014

Application for approval of the Yass Valley Aged Care Ltd, NSWNMA and HSU NSW Enterprise Agreement 2014 - 2017.

[1] 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 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 Yass Valley Aged Care 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 24 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 of Yass Valley Aged Care Ltd involves an application for the approval of the Yass Valley Aged Care Ltd, NSWNMA and HSU NSW Enterprise Agreement 2014 - 2017. The application was brought before the Fair Work Commission (FWC), which is the federal workplace relations tribunal. The applicant, Yass Valley Aged Care Ltd, sought the approval of the enterprise agreement in accordance with the Fair Work Act 2009. The dispute centred on whether the agreement met the requirements for direct approval under the Act, including whether it was a genuine agreement and provided for the mandatory matters outlined in the Act.

The primary legal issue before the FWC was whether the enterprise agreement met the criteria for direct approval. This involved examining whether the agreement was genuinely negotiated, not made under duress or coercion, and whether it covered all the mandatory matters prescribed by the Fair Work Act 2009. Additionally, the FWC had to assess whether the agreement contained appropriate dispute resolution mechanisms and whether it complied with the Act's provisions regarding public interest considerations.

The FWC examined the evidence and submissions from both parties to determine if the agreement was genuinely negotiated and free from any undue influence or coercion. The Commission considered the bargaining process, the conduct of the parties, and the content of the agreement. It was noted that the agreement had been negotiated in good faith and that there was no evidence of coercion. The FWC also assessed whether the agreement covered all mandatory matters and found it to be compliant. Furthermore, the agreement's dispute resolution mechanisms were deemed appropriate, and no public interest concerns were identified. Based on these findings, the FWC approved the enterprise agreement.

The FWC approved the Yass Valley Aged Care Ltd, NSWNMA and HSU NSW Enterprise Agreement 2014 - 2017, determining that it met the criteria for direct approval under the Fair Work Act 2009. The agreement was found to be genuinely negotiated, free from coercion, and compliant with all mandatory requirements. The FWC's decision ensures that the terms and conditions of employment for the covered employees are governed by the approved agreement, providing a clear and legally binding framework for the workplace relations in Yass Valley Aged Care Ltd.

Yass Valley Aged Care Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established