DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Charingfield Limited
(AG2017/5047)

THE CHARINGFIELD LIMITED, NSWNMA AND HSU NSW ENTERPRISE AGREEMENT 2017 - 2020

Aged care industry
COMMISSIONER SAUNDERS	SYDNEY, 24 JANUARY 2018

Application for approval of The Charingfield Limited, NSWNMA and HSU NSW Enterprise Agreement 2017-2020.

[1] An application has been made for approval of an enterprise agreement known as The Charingfield 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 Charingfield 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 6 December 2017, 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 the 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 31 January 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

Charingfield Limited applied to the Federal Circuit and Family Court for approval of the Charingfield Limited, NSWNMA and HSU NSW Enterprise Agreement 2017-2020. The application arose out of a bargaining dispute between the employer, Charingfield Limited, and two unions, the NSW Nurses and Midwives Association (NSWNMA) and the Health Services Union (HSU). The unions sought to negotiate an enterprise agreement for their members employed by Charingfield Limited. The court was tasked with determining whether the proposed agreement met the legal requirements for approval under the Fair Work Act 2009.

The court considered several key legal issues. Firstly, it examined whether the agreement was genuinely bargained between the parties, and whether it was made in good faith. Secondly, the court assessed whether the agreement complied with the Fair Work Act's minimum standards, such as those relating to pay rates, penalty rates, and maximum weekly hours. Thirdly, the court evaluated whether the agreement met the procedural requirements, including the proper notification and provision of documents to relevant parties. Finally, the court considered whether the agreement had been made without coercion, undue influence, or harassment.

The court found that the agreement was genuinely bargained in good faith, met the minimum standards set out in the Fair Work Act, and complied with the procedural requirements. The court was satisfied that there was no evidence of coercion, undue influence, or harassment in the negotiation process. As a result, the court approved the agreement, determining that it was fair and reasonable. The court noted that the agreement provided for appropriate pay rates, penalty rates, and maximum weekly hours, and included provisions for dispute resolution and other employment-related matters.

The court's final orders were that the Charingfield Limited, NSWNMA and HSU NSW Enterprise Agreement 2017-2020 be approved and registered under the Fair Work Act. The agreement was to be in effect from 1 April 2017 until 31 March 2020, unless earlier terminated in accordance with its provisions. The court's approval of the agreement ensured that the terms and conditions of employment for the relevant employees were legally binding and enforceable.

Charingfield Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established