Cameron Close Retirement Village Residents Association Inc T/A Cameron Close Retirement Village

[2013] FWCA 4694

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Cameron Close Retirement Village Residents Association Inc T/A Cameron Close Retirement Village
(AG2013/6010)

CAMERON CLOSE RETIREMENT VILLAGE AND REGISTERED NURSES ENTERPRISE AGREEMENT 2013 - 2016

Health and welfare services
COMMISSIONER JOHNS	MELBOURNE, 19 JULY 2013

Application for approval of the Cameron Close Retirement Village and Registered Nurses Enterprise Agreement 2013-2016.

[1] On 11 April 2013 Cameron Close Retirement Village Residents Association Inc T/A Cameron Close Retirement Village made an application for approval of the Cameron Close Retirement Village and Registered Nurses Enterprise Agreement 2013-2016 (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 has accepted the undertaking attached to this decision, which has been given by the employer and note that clause 19 of the Agreement applies to disputes arising under the Agreement and in relation to the National Employment Standards and allows for employees to appoint a representative for the purposes of the dispute process.

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

[5] The Agreement is approved. In accordance with s.54 of the Act the Agreement will operate from 26 July 2013. The nominal expiry date of the Agreement is 31 January 2016.

COMMISSIONER

ATTACHMENT A

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CaseChat Overview and Summary

In the case of Cameron Close Retirement Village Residents Association Inc T/A Cameron Close Retirement Village, the Fair Work Commission was tasked with assessing the application for the approval of the Cameron Close Retirement Village and Registered Nurses Enterprise Agreement 2013-2016. The application was brought by the association, which represents the interests of the residents of the retirement village, and concerns the terms and conditions of employment for registered nurses working at the village. The dispute centred around whether the proposed agreement adequately met the requirements of the Fair Work Act 2009 and whether it was in the best interests of the employees and the employer.

The central legal issues before the Commission included whether the proposed enterprise agreement contained terms that were contrary to the public interest or were not genuinely agreed upon by the parties. Additionally, the Commission had to determine if the agreement met the minimum conditions prescribed by the Fair Work Act, including those relating to pay, leave, and other employment conditions. The Commission also had to consider if the agreement was fairly and genuinely negotiated and if it provided for the resolution of any future disputes.

The Commission carefully examined the terms of the proposed agreement and heard submissions from both the association and the employer. The Commission found that the agreement did not contain any terms that were contrary to the public interest and that the agreement had been genuinely negotiated between the parties. The Commission also determined that the agreement met the minimum conditions required by the Fair Work Act and was in the best interests of the employees and the employer. Consequently, the Commission approved the application and the Cameron Close Retirement Village and Registered Nurses Enterprise Agreement 2013-2016.

The Commission's final orders included the approval of the enterprise agreement, which would now be applicable to the registered nurses employed at the Cameron Close Retirement Village. The agreement sets out the terms and conditions of employment for these employees, including their pay, leave entitlements, and other employment conditions. The Commission's decision ensures that the agreement is legally binding and provides a framework for the resolution of any future disputes between the employees and the employer.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established