DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Cedar Place Aged Care Facility Limited
(AG2014/9729)

CEDAR PLACE AGED CARE FACILITY LIMITED, NSWNMA AND HSU NSW ENTERPRISE AGREEMENT 2014 - 2017

Aged care industry
DEPUTY PRESIDENT BOOTH	SYDNEY, 4 DECEMBER 2014

Application for approval of the Cedar Place Aged Care Facility Limited, NSWNMA and HSU NSW Enterprise Agreement 2014 - 2017.

[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 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 Cedar Place Aged Care Facility Limited. 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 11 December 2014. 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

The applicant, Cedar Place Aged Care Facility Limited, sought approval for its enterprise agreement with the NSW Nurses and Midwives' Association and the Health Services Union NSW. The application was made to the Fair Work Commission, which was tasked with determining whether the agreement met the requirements for approval under the Fair Work Act 2009. The dispute centred on several provisions within the agreement, particularly those relating to employee entitlements, work conditions, and procedural fairness.

The key legal issues before the Commission included whether the agreement adequately protected the rights of employees, whether it complied with relevant minimum standards set out in the Fair Work Act, and whether the process by which the agreement was negotiated and finalised was fair and transparent. Additionally, the Commission needed to assess whether the agreement appropriately balanced the interests of both the employer and the employees, ensuring it did not unfairly disadvantage either party.

The Fair Work Commission determined that the agreement largely met the statutory requirements for approval. It found that the agreement provided fair and reasonable terms for employees and adhered to the minimum standards prescribed by the Fair Work Act. The Commission also concluded that the negotiation process was conducted in good faith and that the agreement did not contain any unfair provisions that would unduly burden the employees. Consequently, the Commission approved the agreement, finding it to be in the best interests of all parties involved.

The Fair Work Commission's final order was to approve the Cedar Place Aged Care Facility Limited, NSWNMA and HSU NSW Enterprise Agreement 2014-2017, subject to the conditions and provisions outlined in the agreement. This decision ensured that the agreement would now be binding on all parties, providing a framework for the terms of employment for the specified period.

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