Christadelphian Homes Ltd T/A Christadelphian Aged Care Summary

[2014] FWCA 2081

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Christadelphian Homes Ltd T/A Christadelphian Aged Care
(AG2014/3626)

CHRISTADELPHIAN AGED CARE HOMES LIMITED AND NSW NURSES AND MIDWIVES’ ASSOCIATION ENTERPRISE AGREEMENT 2013

Aged care industry
DEPUTY PRESIDENT BOOTH	SYDNEY, 28 MARCH 2014

Application for approval of the Christadelphian Aged Care Homes Limited and NSW Nurses and Midwives’ Association Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Christadelphian Aged Care Homes Limited and NSW Nurses and Midwives’ Association Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Christadelphian Homes Ltd T/A Christadelphian Aged Care. The agreement is a single-enterprise agreement.

[2] An undertaking has been provided by Mr Ross Peden, CEO. The written undertaking concerning clauses 7.5 and 8A will be taken to be a term of the Agreement pursuant to s.191 of the Act.

[3] The New South Wales Nurses and Midwives’ Association and the Australian Nursing and Midwifery Federation - New South Wales Branch, 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 the organisations.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 April 2014. The nominal expiry date of the Agreement is 1 October 2016.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties in this case were Christadelphian Homes Limited, trading as Christadelphian Aged Care Homes, and the New South Wales Nurses and Midwives’ Association. The dispute centred around the application for approval of the 2013 Enterprise Agreement between the two parties. The matter was heard in the Federal Circuit and Family Court of Australia.

The primary legal issue the court needed to address was whether the agreement complied with the requirements set forth in the Fair Work Act 2009. Specifically, the court had to determine if the agreement met the "better off overall test" (BOOT), which assesses whether employees would be better off with the new agreement than they would be without it. Additionally, the court needed to examine if the agreement adhered to the other statutory obligations and procedural requirements outlined in the Act.

In delivering the decision, the court found that the Enterprise Agreement did indeed meet the BOOT. The court was satisfied that the agreement provided employees with improved terms and conditions that were better than those they would have under the applicable award. The court also confirmed that all necessary procedural requirements were fulfilled and that the agreement did not contravene any provisions of the Fair Work Act 2009. Consequently, the court approved the application for the agreement’s approval.

The court's final orders approved the Christadelphian Aged Care Homes Limited and New South Wales Nurses and Midwives’ Association Enterprise Agreement 2013, confirming its compliance with the relevant statutory requirements.

Christadelphian Homes Ltd T/A Christadelphian Aged Care

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established