DECISION

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

Central Coast Community Care Association Ltd
(AG2014/9717)

CENTRAL COAST COMMUNITY CARE ASSOCIATION LTD, NSWNMA AND HSU NSW ENTERPRISE AGREEMENT 2014 - 2017

Aged care industry
DEPUTY PRESIDENT BOOTH	SYDNEY, 3 DECEMBER 2014

Application for approval of the Central Coast Community Care Association Ltd, NSWNMA and HSU NSW Enterprise Agreement 2014 - 2017.

[1] An application has been made for approval of an enterprise agreement known as the Central Coast Community Care Association 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 Central Coast Community Care Association 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 10 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 case involved an application for the approval of the Central Coast Community Care Association Ltd, NSWNMA, and HSU NSW Enterprise Agreement 2014-2017. The application was brought before the Fair Work Commission, which is tasked with the approval and registration of enterprise agreements. The application was necessary to ensure that the terms of the agreement met the legal requirements for fair and equitable workplace relations.

The legal issues before the Commission were whether the terms of the proposed enterprise agreement complied with the Fair Work Act 2009, particularly with respect to the provisions concerning pay, conditions of employment, and procedural fairness. The Commission had to consider if the agreement provided for fair and reasonable terms and conditions of employment, and if it met the requirements for procedural fairness. Additionally, the Commission had to ensure that the agreement did not adversely affect the terms and conditions of employment of the employees covered by the agreement.

In its decision, the Commission thoroughly examined the provisions of the agreement and found that it did indeed meet the statutory requirements. The Commission was satisfied that the agreement provided for fair and reasonable terms and conditions of employment, and it upheld the provisions regarding pay and conditions. The Commission also found that the agreement was procedurally fair, as it provided adequate mechanisms for the resolution of disputes and the protection of employee rights. Consequently, the Commission approved and registered the enterprise agreement as it complied with the necessary legal standards.

The final orders of the Commission were that the Central Coast Community Care Association Ltd, NSWNMA, and HSU NSW Enterprise Agreement 2014-2017 be approved and registered, effective from the date of the decision. This registration ensures that the agreement is legally enforceable and that the terms and conditions outlined within it are applicable to the employees covered by the agreement.

Central Coast Community Care Association Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established