Charingfield Limited

[2014] FWCA 8151

FAIR WORK COMMISSION

DECISION

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

Charingfield Limited
(AG2014/9562)

CHARINGFIELD LTD, NSWNMA AND HSU NSW ENTERPRISE AGREEMENT 2014 - 2017

Aged care industry
DEPUTY PRESIDENT BOOTH	SYDNEY, 18 NOVEMBER 2014

Application for approval of the Charingfield Ltd, NSWNMA and HSU NSW Enterprise Agreement 2014 - 2017.

[1] An application has been made for approval of an enterprise agreement known as the Charingfield 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 Charingfield 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 25 November 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

Charingfield Limited, along with the New South Wales Nurses and Midwives' Association (NSWNMA) and the Health Services Union NSW (HSU NSW), applied for approval of their 2014-2017 Enterprise Agreement. The application was heard by the Fair Work Commission. The central dispute involved the terms of the proposed agreement, which was negotiated between the employer and the unions representing the employees. The primary issue before the court was whether the agreement met the requirements of the Fair Work Act 2009, including the provision of a safety net for employees and compliance with other legislative provisions.

The Fair Work Commission examined the agreement to ensure it provided fair and reasonable terms and conditions of employment. This included scrutinising the minimum rates of pay, penalty rates, leave entitlements, and other benefits. The Commission also assessed whether the agreement included appropriate mechanisms for resolving disputes and whether it complied with the statutory requirements for good faith bargaining and procedural fairness. The court considered submissions from Charingfield Limited, the NSWNMA, the HSU NSW, and other interested parties.

After reviewing the evidence and submissions, the Fair Work Commission determined that the agreement substantially complied with the requirements of the Fair Work Act. The Commission found that the agreement provided fair and reasonable terms and conditions of employment, with adequate provisions for minimum rates of pay, penalty rates, leave entitlements, and other benefits. The Commission also found that the agreement included appropriate mechanisms for resolving disputes and that the bargaining process was conducted in good faith. Accordingly, the Fair Work Commission approved the agreement.

The final orders of the Fair Work Commission approved the Charingfield Ltd, NSWNMA and HSU NSW Enterprise Agreement 2014-2017, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission and would govern the employment conditions of the relevant employees during the specified period. The decision was binding on all parties involved and provided a framework for the terms and conditions of employment during the agreement's duration.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established