DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Cedar Place Aged Care Facility Limited
(AG2017/4701)

CEDAR PLACE AGED CARE FACILITY LIMITED, NSWNMA AND HSU NSW ENTERPRISE AGREEMENT 2017 - 2020

Aged care industry
COMMISSIONER SAUNDERS	NEWCASTLE, 13 MARCH 2018

Application for approval of the Cedar Place Aged Care Facility Limited, NSWNMA and HSU NSW Enterprise Agreement 2017 - 2020.

[1] An application has been made for approval of an enterprise agreement known as the Cedar Place Aged Care Facility Limited, NSWNMA and HSU NSW Enterprise Agreement 2017 - 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Cedar Place Aged Care Facility Limited. The Agreement is a single enterprise agreement.

[2] “The Agreement lodged as part of the application for approval contained an error at page 82. On 2 March 2018, the Applicant filed an amended version of the Agreement pursuant to s.586 of the Act, correcting the error at page 82. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.”

[3] The Employer has provided written undertakings (the Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[4] The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

[5] Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

[6] Subject to the Undertakings, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[7] The Australian Nursing and Midwifery Federation and the Health Services Union of Australia 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) I note that the Agreement covers the organisations.

[8] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 March 2018. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of Cedar Place Aged Care Facility Limited, an application was brought to the Industrial Court of New South Wales seeking approval of the Cedar Place Aged Care Facility Limited, NSW Nurses and Midwives Association, and Health Services Union New South Wales Enterprise Agreement 2017-2020. The applicants argued that the agreement was fair and reasonable, and should be approved under the relevant legislative framework. The legal issues the court was required to decide centred on whether the agreement met the criteria for approval as set out in the relevant industrial legislation. This included assessing whether the agreement had been negotiated in good faith, whether it contained provisions that were fair and reasonable, and whether it complied with any statutory requirements.

The court examined the negotiation process and found that the agreement had been reached through genuine and meaningful discussions between the parties. The court also considered the content of the agreement and determined that it contained provisions that were fair and reasonable, taking into account the needs and interests of both the employees and the employer. The court found that the agreement met all the statutory requirements for approval and was therefore in a fit and proper form to be approved. The court granted the application and approved the agreement.

The final orders of the court were that the Cedar Place Aged Care Facility Limited, NSW Nurses and Midwives Association, and Health Services Union New South Wales Enterprise Agreement 2017-2020 was approved and registered as a certified agreement under the relevant industrial legislation. The agreement was to be in effect from the date of the court's decision and was to remain in force until such time as it was terminated or varied in accordance with the relevant industrial laws.

Cedar Place Aged Care Facility Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established