DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Christian Brethren Community Services
(AG2014/9775)

CHRISTIAN BRETHREN COMMUNITY SERVICES, NSWNMA AND HSU NSW ENTERPRISE AGREEMENT 2014 - 2017.

Aged care industry
DEPUTY PRESIDENT BOOTH	SYDNEY, 5 DECEMBER 2014

Application for approval of the Christian Brethren Community Services, NSWNMA and HSU NSW Enterprise Agreement 2014 - 2017.

[1] An application has been made for approval of an enterprise agreement known as the Christian Brethren Community Services, 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 Christian Brethren Community Services. 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 12 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 Fair Work Commission was asked to decide whether to approve the Christian Brethren Community Services, NSWNMA and HSU NSW Enterprise Agreement 2014 - 2017. The application was brought by the Health Services Union NSW, the Christian Brethren Community Services, and the NSW Nurses and Midwives Association. The agreement in question relates to the employment terms of various workers within the Christian Brethren Community Services, who are represented by the Health Services Union NSW and the NSW Nurses and Midwives Association. The Commission was required to determine if the agreement met the necessary criteria for approval, including whether it was free from any contraventions of the Fair Work Act 2009, and if it provided for appropriate protections and entitlements for the employees.

The Commission considered the provisions of the agreement and whether they complied with the Fair Work Act. The Fair Work Act mandates that any enterprise agreement must not provide for terms and conditions that are less favourable than the applicable awards or the national system. Additionally, the agreement must not contravene the ‘better off overall test’ which requires that employees be no worse off financially under the agreement than they would be under the applicable award or the national system. The Commission examined each clause of the agreement, assessing whether it aligned with these legislative requirements. The Commission also evaluated whether the agreement contained appropriate protections for employee entitlements, such as minimum wages, leave provisions, and other benefits.

The Fair Work Commission determined that the agreement did meet the criteria for approval. The agreement was found to be compliant with the Fair Work Act, providing no terms and conditions that were less favourable than the applicable awards or the national system. Additionally, the Commission was satisfied that the agreement passed the better off overall test, ensuring that employees would not be worse off financially. The agreement was also found to provide adequate protections and entitlements for the employees, including provisions for wages, leave, and other benefits. Therefore, the Commission approved the agreement, stating that it was in the best interest of the employees and the organisation.

The final orders of the Commission were to approve the Christian Brethren Community Services, NSWNMA and HSU NSW Enterprise Agreement 2014 - 2017, effective from the date of the decision. The approval of the agreement ensures that the employees of Christian Brethren Community Services will continue to be covered by the terms and conditions of the agreement until its expiry or until a new agreement is approved.

Christian Brethren Community Services

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established