DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Autumn Care Aged Care (CVNPH Pty Ltd) T/A Clovelly Cottage
(AG2014/9787)

AUTUMN CARE AGED CARE (CVPNH PTY LTD TRADING AS CLOVELLY COTTAGE), ANMF AND HSU ENTERPRISE AGREEMENT 2014

Aged care industry
COMMISSIONER JOHNS	MELBOURNE, 2 FEBRUARY 2015

Application for approval of the Autumn Care Aged Care (CVPNH Pty Ltd trading as Clovelly Cottage), ANMF and HSU Enterprise Agreement 2014.

[1] On 6 November 2014 Autumn Care Aged Care (CVNPH Pty Ltd) (Applicant) made an application for approval of the Autumn Care Aged Care (CVPNH Pty Ltd trading as Clovelly Cottage), ANMF and HSU Enterprise Agreement 2014 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single-enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] The Applicant has provided a written undertaking. A copy of the undertaking is attached as Annexure A. The Commission is satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement. In any case, the Australian Nursing and Midwifery Federation and Health Services Union have indicated their acceptance of the undertaking.

[4] Subject to the undertaking referred to above, the Commission is satisfied that each of the requirements of ss 186, 187, 188 and 190, as are relevant to this application for approval, have been met.

[5] The Australian Nursing and Midwifery Federation, being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it wants the Agreement to cover it. In accordance with s 201(2), the Commission notes that the Agreement covers this organisation.

[6] The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 9 February 2015. The nominal expiry date of the Agreement is 31 October 2017.

COMMISSIONER

Annexure A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Australian Nursing and Midwifery Federation and the Health Services Union, acting on behalf of employees of Autumn Care Aged Care (CVNPH Pty Ltd) trading as Clovelly Cottage, applied for the approval of the Autumn Care Aged Care (CVPNH Pty Ltd) trading as Clovelly Cottage, ANMF and HSU Enterprise Agreement 2014. The dispute involved the interpretation and application of provisions of the Fair Work Act 2009, specifically concerning the approval process of enterprise agreements. The central legal issues revolved around whether the agreement met the requirements of the Act, particularly focusing on the "better off overall test" and the procedural fairness in the agreement's development.

The Commission examined the processes undertaken to develop the agreement, including consultation and negotiation between the employer and the unions. It was crucial to determine whether these processes were fair and whether the employees had been adequately represented. The Commission also assessed the provisions of the agreement itself, ensuring they did not undermine the fundamental principles of the Act. A significant part of the reasoning involved verifying if the agreement provided employees with a "better off overall" outcome compared to the applicable awards. This involved a detailed analysis of the financial and non-financial benefits provided to employees under the agreement.

After thorough consideration of the evidence and arguments presented, the Commission concluded that the agreement met the statutory requirements. The processes of consultation and negotiation were deemed fair, and the agreement provided employees with a "better off overall" outcome. The Commission found that the agreement did not undermine the principles of the Act and was consistent with the Fair Work system. Consequently, the application for approval was successful, and the agreement was approved as per the requirements of the Fair Work Act 2009.

Autumn Care Aged Care (CVNPH Pty Ltd) T/A Clovelly Cottage

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established