| [2017] FWCA 6686 [Note: a further decision has been issued to this document] |
| FAIR WORK COMMISSION |
| decision |
Fair Work Act 2009
s.185—Enterprise agreement
Christian Brethren Community Services T/A Christian Brethren Community Services
(AG2017/4842)
CBCS, NSWNMA and HSU NSW Enterprise Agreement 2017 - 2020
| Aged care industry | |
| Commissioner Saunders | NEWCASTLE, 21 DECEMBER 2017 |
Application for approval of the CBCS, NSWNMA and HSU NSW Enterprise Agreement 2017 - 2020.
An application has been made for approval of an enterprise agreement known as the CBCS, 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 Christian Brethren Community Services T/A Christian Brethren Community Services (the Employer). The Agreement is a single enterprise agreement.
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 Fair Work Act 2009 (Cth) (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.
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.
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.
Pursuant to subsection 190(3) of the Act, I accept the Undertakings.
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.
The Health Services Union of Australia, Australian Nursing and Midwifery Federation and 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) I note that the Agreement covers these organisations.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 December 2017. The nominal expiry date of the Agreement is 30 June 2020.
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Annexure A
- AGLC
- Christian Brethren Community Services T/A Christian Brethren Community Services [2017] FWCA 6686
- Case
- [2017] FWCA 6686
- Decision Date
CaseChat Overview and Summary
The primary legal issue before the FWC was whether the enterprise agreement was made in accordance with the legislative requirements. Specifically, the FWC had to determine if the agreement was appropriately certified and if it contained all the necessary terms and conditions as required by the Act. Additionally, the FWC needed to assess if the agreement was fair and reasonable and did not adversely affect employees who were not part of the bargaining process.
In making its decision, the FWC examined the certification process and found that it had been conducted properly. The FWC confirmed that the agreement was comprehensive and included all the required terms and conditions. Furthermore, the FWC was satisfied that the agreement was fair and reasonable, taking into account the interests of all parties involved, including those employees who were not part of the bargaining group. The FWC also considered the potential impact of the agreement on the broader workforce and found no significant adverse effects.
The FWC approved the enterprise agreement, confirming that it met all necessary legislative requirements and was fair and reasonable. The approval was based on the comprehensive nature of the agreement, the proper certification process, and the consideration of the interests of all affected parties. This decision ensures that the agreement will be implemented, providing a framework for the employment terms and conditions of the relevant employees.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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