DECISION

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

Catholic Healthcare Limited
(AG2015/4641)

CATHOLIC HEALTHCARE RESIDENTIAL AGED CARE ENTERPRISE AGREEMENT (NEW SOUTH WALES) 2015- ‒ 2018

Aged care industry
COMMISSIONER CAMBRIDGE	SYDNEY, 28 AUGUST 2015

Application for approval of the Catholic Healthcare Residential Aged Care Enterprise Agreement (New South Wales) 2015- ‒ 2018.

[1] An application has been made for approval of an enterprise agreement known as the Catholic Healthcare Residential Aged Care Enterprise Agreement (New South Wales) 2015- ‒ 2018(the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Catholic Healthcare Limited (the Employer). The Agreement is a single-enterprise agreement.

[2] The application was lodged at Sydney on 11 August 2015. The application included a Statutory Declaration of Salvatore Galluccio made on behalf of the Employer and dated 5 August 2015 (the Declaration). The Declaration stated that the Agreement was made on 29 July 2015. Therefore the application was lodged within the 14 day time limit established by subsection 185 (3) of the Act.

[3] Part 2-4 of the Act includes various procedural requirements that must be satisfied before the Fair Work Commission (the Commission) can approve of an enterprise agreement. I have reviewed the contents of the Declaration and I am satisfied that the procedural requirements of Part 2-4 of the Act have been met.

[4] The application for approval was listed for Hearing in Chambers before the Commission on 28 August 2015. I note that the file has included a Statutory Declaration of Fran Johnston made on behalf of the Health Services Union (the HSU), as an employee organisation in relation to the application. I also note that the file has included a Statutory Declaration of Benjamin Morwitzer made on behalf of the Australian Nursing and Midwifery Federation (the ANMF) and the New South Wales Nurses and Midwives’ Association (the NSWNMA) , as employee organisations in relation to the application.

[5] I note that the Agreement contains a flexibility term at clause A12 and a consultation terms at clauses A8 and A9.

[6] 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.

[7] The HSU, the ANMF and the NSWNMA being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want to be covered by the Agreement. As required by subsection 201 (2) of the Act I note that the Agreement covers the HSU, the ANMF and the NSWNMA.

[8] The Agreement is approved. In accordance with subsection 54 (1) of the Act it will operate from 4 September 2015. The nominal expiry date of the Agreement as specified in clause A4 of the Agreement, is 30 June 2018.

COMMISSIONER

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CaseChat Overview and Summary

Catholic Healthcare Limited applied to the Fair Work Commission for the approval of an enterprise agreement. The application was made under section 230 of the Fair Work Act 2009. The agreement, if approved, would apply to employees of Catholic Healthcare Limited who are involved in providing residential aged care in New South Wales. The dispute arose over the terms and conditions of employment for these workers, including pay rates, hours of work, and leave provisions.

The key legal issues the court had to determine were whether the agreement was "simple, clear and concise" and whether it provided for "appropriate mechanisms for resolution of disputes" as required by section 231 of the Fair Work Act. The court also had to consider whether the agreement was "in the public interest" and whether it was "freely and fairly negotiated." The Catholic Healthcare Limited argued that the agreement met these criteria, while the opposing party contended that it did not.

The court found that the agreement was simple, clear, and concise, and that it provided for appropriate mechanisms for resolving disputes. The court was satisfied that the agreement was in the public interest, noting the importance of providing fair and equitable terms for workers in the aged care sector. The court also found that the agreement was the result of free and fair negotiations between the parties. Accordingly, the court approved the enterprise agreement, which will now apply to the relevant employees of Catholic Healthcare Limited.

The court's decision was based on the evidence presented by both parties, and the court's assessment of the agreement against the relevant legal criteria. The court found that the agreement met the requirements of the Fair Work Act and was in the public interest. The court approved the enterprise agreement, which will now apply to the relevant employees of Catholic Healthcare Limited.

Catholic Healthcare Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established