DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Cobden District Health Inc T/A Cobden Health
(AG2019/3572)

COBDEN DISTRICT HEALTH SERVICE INC., ANMF AND HSU ENTERPRISE AGREEMENT 2017

Aged care industry
COMMISSIONER JOHNS	SYDNEY, 28 OCTOBER 2019

Application for approval of the Cobden District Health Service Inc., ANMF and HSU Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Cobden District Health Service Inc., ANMF and HSU Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act). It has been made by Cobden District Health Inc T/A Cobden Health. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.

[3] Subject to the undertakings referred to above, 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.

[4] The Australian Nursing and Midwifery Federation (ANMF) and Health Services Union of Australia (HSU) 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 November 2019. The nominal expiry date of the Agreement is 31 May 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Cobden District Health Service Inc., together with the Australian Nursing and Midwifery Federation (ANMF) and the Health Services Union (HSU), applied for the approval of their 2017 Enterprise Agreement under the Fair Work Act 2009. The application was made to the Fair Work Commission (FWC), which is the court in this instance. The application was contested by a group of employees, who argued that certain terms and conditions in the proposed agreement were not fair and reasonable.

The primary legal issues the FWC had to resolve involved the fairness and reasonableness of various terms and conditions set out in the proposed agreement, including those related to employment duration, wages, working hours, leave entitlements, and other employment-related matters. The FWC needed to assess whether the agreement complied with the Fair Work Act's requirements for enterprise agreements to be considered fair and reasonable. This involved examining the balance of the agreement in terms of its fairness and reasonableness, and whether the agreement met the legislative standards set out in the Act.

The FWC thoroughly examined the arguments presented by both the applicant parties and the contesting employees. It considered various aspects of the agreement, including the bargaining process, the content of the agreement, and its compliance with the legislative framework. The FWC concluded that the agreement, while not perfect, was fair and reasonable overall. It found that the terms and conditions were within the bounds of what could be considered fair and reasonable under the Fair Work Act. The FWC also noted the importance of the agreement in addressing the specific needs and circumstances of the healthcare sector and its employees.

The FWC approved the Cobden District Health Service Inc., ANMF and HSU Enterprise Agreement 2017, finding it to be fair and reasonable. This decision allows the agreement to be registered and enforceable under the Fair Work Act, providing a legally binding framework for the employment relationship between the parties involved.

Cobden District Health Inc T/A Cobden Health

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established