Catholic Commission for Employment Relations

[2014] FWCA 8431

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Catholic Commission for Employment Relations
(AG2014/9570)

MERCY SERVICES (NURSES) SINGLETON AGED CARE FACILITY ENTERPRISE AGREEMENT 2014-2015.

Health and welfare services
DEPUTY PRESIDENT BOOTH	SYDNEY, 25 NOVEMBER 2014

Application for approval of the Mercy Services (Nurses) Singleton Aged Care Facility Enterprise Agreement 2014-2015.

[1] An application has been made for approval of an enterprise agreement known as the Mercy Services (Nurses) Singleton Aged Care Facility Enterprise Agreement 2014-2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Catholic Commission for Employment Relations. The agreement is a single-enterprise agreement.

[2] 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 2 December 2014. The nominal expiry date of the Agreement is 30 June 2015.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Catholic Commission for Employment Relations, which represents the employer, sought approval of an enterprise agreement with the nurses' union for aged care facilities in Singleton. The application was heard in the Fair Work Commission, which is Australia's industrial relations tribunal. The legal issues centred on whether the proposed agreement met the legal requirements for approval, particularly whether the agreement had been made in good faith and whether it complied with the provisions of the Fair Work Act 2009. The Commission needed to consider if the agreement contained all the mandated terms and conditions and if it was free from any illegality or unfairness.

The Commission found that the agreement was made in good faith and contained all the required terms and conditions. The parties had engaged in genuine bargaining, and the agreement reflected the outcomes of that process. The Commission also determined that the agreement was not unfair and met the statutory requirements. The Commission took into account the context of the agreement, including the specific needs of the aged care sector and the parties' bargaining positions. The Commission concluded that the agreement was fair and reasonable, taking into account the need for a balance between the interests of the employer and the employees.

As a result, the Commission approved the proposed enterprise agreement. The approval allowed the agreement to come into effect, providing the terms and conditions of employment for the nurses at the Singleton Aged Care Facility. The decision confirmed the importance of genuine bargaining and the role of the Commission in ensuring that enterprise agreements meet the legal standards set by the Fair Work Act. The outcome provided certainty for both the employer and the employees regarding their rights and obligations under the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established