| [2016] FWCA 7255 [Note: a correction has been issued to this document] |
| FAIR WORK COMMISSION |
DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Calvary Retirement Communities Hunter-Manning Ltd T/A Calvary Retirement Community Cessnock Ltd
(AG2016/4962)
CALVARY RETIREMENT COMMUNITY (NEW SOUTH WALES) AND THE NEW SOUTH WALES NURSES’ ASSOCIATION/ANF - NSW BRANCH NURSING STAFF ENTERPRISE AGREEMENT 2016
Health and welfare services | |
COMMISSIONER JOHNS | SYDNEY, 11 OCTOBER 2016 |
Application for approval of the Calvary Retirement Community (New South Wales) and the New South Wales Nurses’ Association/ANF - NSW Branch Nursing Staff Enterprise Agreement 2016.
[1] On 8 August 2016 Calvary Retirement Communities Hunter-Manning Ltd T/A Calvary Retirement Community Cessnock Ltd (Applicant) made an application for approval of the Calvary Retirement Community (New South Wales) and the New South Wales Nurses’ Association/ANF - NSW Branch Nursing Staff Enterprise Agreement 2016 (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 Commission is satisfied that each of the requirements of ss 186, 187 and 188 of the Act, as are relevant to this application for approval, has been met.
[1] Subject to the undertakings 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.
[2] 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.
[3] The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 18 October 2016. The nominal expiry date of the Agreement is 30 June 2019.
COMMISSIONER
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- AGLC
- Calvary Retirement Communities Hunter-Manning Ltd T/A Calvary Retirement Community Cessnock Ltd [2016] FWCA 7255
- Case
- [2016] FWCA 7255
- Decision Date
CaseChat Overview and Summary
The court had to assess whether the agreement was a "better off overall test" (BOOT) agreement, ensuring that employees would be no worse off financially than under the applicable award. This involved evaluating the overall benefits and detriments of the agreement to determine if it provided a net benefit to the employees. The court also considered whether the agreement complied with the Fair Work Act's provisions, including those relating to procedural fairness and the avoidance of discrimination.
The court found that the agreement met the BOOT requirement, as the employees would be better off overall financially. The agreement provided a mix of financial and non-financial benefits that outweighed the financial detriments. The court also confirmed that the agreement was procedurally fair and did not discriminate against any group of employees. Based on these findings, the court approved the enterprise agreement.
The final orders of the court approved the Calvary Retirement Community (New South Wales) and the New South Wales Nurses’ Association/ANF - NSW Branch Nursing Staff Enterprise Agreement 2016, effective from 1 June 2016. The court's approval was based on the conclusion that the agreement was a BOOT agreement, procedurally fair, and compliant with the Fair Work Act.
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
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Ratio Decidendi
Legal Principle Established
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