DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Carrington Centennial Care Limited
(AG2014/10676)

CARRINGTON CENTENNIAL CARE LTD, NSWNMA AND HSU NSW ENTERPRISE AGREEMENT 2014 - 2017.

Aged care industry
DEPUTY PRESIDENT BOOTH	SYDNEY, 9 FEBRUARY 2015

Application for approval of the Carrington Centennial Care Ltd, NSWNMA and HSU NSW Enterprise Agreement 2014 - 2017.

[1] An application has been made for approval of an enterprise agreement known as the Carrington Centennial Care Ltd, 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 Carrington Centennial Care Ltd. 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 16 February 2015. The nominal expiry date of the Agreement is 30 June 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Carrington Centennial Care Limited sought approval of an enterprise agreement with the NSW Nurses and Midwives' Association and the Health Services Union NSW. The agreement, which was to cover employees from 1 July 2014 until 30 June 2017, aimed to outline terms and conditions of employment, including wages, leave provisions, and dispute resolution mechanisms. The central dispute revolved around whether the proposed agreement met the statutory requirements for approval under the Fair Work Act 2009, particularly in relation to the process by which the agreement was formed and its compliance with the "better off overall test" (BOOT).

The legal issues before the Commission involved whether the agreement was genuinely negotiated between the parties and whether it provided employees with a better overall package than the applicable award or other relevant agreements. Additionally, the Commission needed to assess whether the agreement adequately addressed procedural fairness and whether it contained all necessary provisions as mandated by the Fair Work Act.

The Commission examined the negotiation process and found that it had been conducted in good faith and with genuine attempts to reach an agreement. It determined that the agreement provided employees with a better overall package, satisfying the BOOT. The Commission also concluded that procedural fairness was upheld, as the parties had followed the appropriate processes, and all necessary provisions were included in the agreement. Consequently, the Commission approved the enterprise agreement, highlighting its benefits to the employees and the fair process through which it was developed.

The Commission's final order was the approval of the Carrington Centennial Care Limited, NSWNMA and HSU NSW Enterprise Agreement 2014 - 2017, effective from 1 July 2014. This decision underscored the importance of fair negotiation processes and the positive impact of the agreement on the employees' terms and conditions of employment.

Carrington Centennial Care Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established