DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Yass Valley Aged Care Ltd
(AG2017/4805)

YASS VALLEY AGED CARE LTD, NSWNMA AND HSU NSW ENTERPRISE AGREEMENT 2017-2020

Aged care industry
COMMISSIONER SAUNDERS	NEWCASTLE, 15 MARCH 2018

Application for approval of the Yass Valley Aged Care Ltd, NSWNMA and HSU NSW Enterprise Agreement 2017-2020.

[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 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 Yass Valley Aged Care Ltd. 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 15 March 2018, 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 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 22 March 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

The applicant, Yass Valley Aged Care Ltd, sought the approval of the Fair Work Commission (FWC) for the Yass Valley Aged Care Ltd, NSWNMA and HSU NSW Enterprise Agreement 2017-2020. The application was brought under section 234 of the Fair Work Act 2009. The dispute involved the terms and conditions of employment for staff working in aged care facilities, including wages, hours of work, leave provisions, and other employment-related matters. The applicant argued that the agreement provided for fair and reasonable terms and conditions of employment, while the respondent, HSU NSW, contended that certain provisions were unfair and should be disallowed.

The FWC was required to determine whether the agreement contained terms and conditions that were fair and reasonable. This involved assessing whether the agreement complied with the relevant provisions of the Fair Work Act and the Fair Work Regulations 2009. The FWC also had to consider whether the agreement provided for terms and conditions that were no worse off than the applicable awards and whether it included appropriate mechanisms for resolving disputes. The FWC considered submissions from both parties and held a hearing to gather further information.

After considering the evidence and submissions, the FWC found that the agreement was fair and reasonable. The FWC determined that the agreement provided for terms and conditions that were no worse off than the applicable awards and that it included appropriate mechanisms for resolving disputes. The FWC also found that the agreement contained provisions that were necessary to ensure the safety and well-being of staff and residents in aged care facilities. The FWC approved the agreement, subject to certain modifications to ensure compliance with the Fair Work Act and the Fair Work Regulations.

The FWC made an order approving the Yass Valley Aged Care Ltd, NSWNMA and HSU NSW Enterprise Agreement 2017-2020, subject to the modifications made by the FWC. The order came into effect on 1 April 2020 and will remain in force until 31 March 2023, unless terminated earlier in accordance with the agreement. The FWC's decision provides clarity on the terms and conditions of employment for staff working in aged care facilities and ensures that the agreement is fair and reasonable for both employers and employees.

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