DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Norsan Pty Ltd t/a Willowbrae Melton Aged Care & Park Lane Croydon Aged Care
(AG2019/3275)

NORSAN PTY LTD (TRADING AS WILLOWBRAE MELTON AGED CARE AND PARK LANE CROYDON AGED CARE), ANMF AND HSU ENTERPRISE AGREEMENT 2018

Application for approval of the Norsan Pty Ltd (trading as Willowbrae Melton Aged Care and Park Lane Croydon Aged Care), ANMF and HSU Enterprise Agreement 2018.

[1] Willowbrae Melton Aged Care & Park Lane Croydon Aged Care has applied for approval of a single enterprise agreement known as the Norsan Pty Ltd (trading as Willowbrae Melton Aged Care and Park Lane Croydon Aged Care), ANMF and HSU Enterprise Agreement 2018 (the Agreement), pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act).

[2] Since the application was made, the Commission raised concerns about the form of the Application and whether: the pre-approval requirements were met, the Agreement contravenes s.55 of the Act and passes the better off overall test. Further information was provided in relation to these concerns.

[3] A bargaining representative filed the Agreement signature page after the Application was made and this was sought to be included as part of the Application. In the circumstances, I am satisfied that this amendment should be allowed and that it is appropriate to do so pursuant to s.586 of the Act.

[4] The Notice of Employee Representational Rights (Notice) issued at the commencement of bargaining was not strictly compliant with the requirements of s.174 because it included additional content. The Notice was otherwise compliant in all respects. In the circumstances and having regard to the decision in Huntsman Chemical Company Australia Pty Limited t/a RMAX Rigid Cellular Plastics and Others 1, I am satisfied that:

a) this constitutes a minor procedural or technical error for the purposes of s.188(2)(a); and
b) the employees to be covered by the Agreement were not likely to have been disadvantaged by the error.

[5] Accordingly, I am satisfied that the Agreement has been genuinely agreed within the meaning of s.188(2) of the Act.

[6] Written undertakings were given in accordance with s.190 of the Act and are attached at Annexure A (Undertakings). The bargaining representatives did not oppose the 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. Pursuant to s.201(3) of the Act, the Undertakings are taken to be terms of the Agreement.

[7] On the basis of the material contained in the amended application, further information provided on request of the Commission and 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.

[8] The Australian Nursing and Midwifery Federation (Victorian Branch) and the Health Services Union Victorian No.1 Branch, being bargaining representatives for the Agreement, have respectively given notice under s.183 of the Act. In accordance with s.201(2) I note that the Agreement covers these organisations.

[9] The Agreement was approved on 24 December 2019 and, in accordance with s.54, will operate from 31 December 2019. The nominal expiry date of the Agreement is 31 May 2021.

DEPUTY PRESIDENT

Annexure A

 1   [2019] FWCFB 318.

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