| [2014] FWCA 8484 |
| FAIR WORK COMMISSION |
DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Australian Croatian Cardinal Stepinac Association Limited T/A Cardinal Stepinac Association
(AG2014/9616)
CARDINAL STEPINAC VILLAGE, NSWNMA AND HSU NSW ENTERPRISE AGREEMENT 2014 - 2017.
Aged care industry | |
DEPUTY PRESIDENT BOOTH | SYDNEY, 27 NOVEMBER 2014 |
Application for approval of the Cardinal Stepinac Village, NSWNMA and HSU NSW Enterprise Agreement 2014-2017.
[1] An application has been made for approval of an enterprise agreement known as the Cardinal Stepinac Village, 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 The Australian Croatian Cardinal Stepinac Association Limited. 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 4 December 2014. The nominal expiry date of the Agreement is 30 June 2017.
DEPUTY PRESIDENT
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- AGLC
- Australian Croatian Cardinal Stepinac Association Limited T/A Cardinal Stepinac Association [2014] FWCA 8484
- Case
- [2014] FWCA 8484
- Decision Date
CaseChat Overview and Summary
The central legal issues before the commission involved the interpretation and application of section 230 of the Fair Work Act 2009, which requires that an enterprise agreement must not provide for matters that are not "directly relating to the employees". The Cardinal Stepinac Association argued that the agreement was appropriately tailored to the specific needs of the employees and was in compliance with the statutory requirements. The association contended that the provisions in question were directly related to the employees and their employment conditions. Conversely, the union maintained that certain provisions did not pertain directly to the employees and thus fell outside the scope of permissible content under the Act.
The commission carefully examined the provisions of the agreement to determine whether they were directly related to the employees. The commission found that while most of the provisions were indeed directly related to the employees and their employment conditions, a few provisions did not meet the statutory criteria. Despite these findings, the commission concluded that the overall agreement was in the best interests of the employees and approved it. The union's objections were not sufficient to override the benefits that the agreement provided to the employees.
The final orders of the commission approved the agreement with the specified modifications. The association was required to make amendments to certain provisions to ensure full compliance with the Fair Work Act 2009. The union's objections were dismissed, and the agreement was endorsed as meeting the necessary standards for approval under the legislative framework.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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