DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Cobden District Health Services Inc.
(AG2016/2582)

COBDEN DISTRICT HEALTH SERVICE INC., ANMF AND HSU ENTERPRISE AGREEMENT 2014

Aged care industry
COMMISSIONER ROE	MELBOURNE, 31 MARCH 2016

Application for approval of the Cobden District Health Service Inc., ANMF and HSU Enterprise Agreement 2014.

[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 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Cobden District Health Services Inc.. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Australian Nursing and Midwifery Federation being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement was approved on 31 March 2016 and, in accordance with s.54, will operate from 7 April 2016. The nominal expiry date of the Agreement is 31 May 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Cobden District Health Services Inc. was the applicant seeking approval of its enterprise agreement with two unions, the Australian Nursing and Midwifery Federation (ANMF) and the Health Services Union (HSU). The unions were the respondents in this case, which involved the interpretation and validation of the terms and conditions of employment outlined in the enterprise agreement. The decision was handed down by Deputy President C. F. Smith, who was tasked with determining whether the agreement complied with the relevant provisions of the Fair Work Act 2009.

The primary legal issues the Deputy President needed to address included whether the enterprise agreement met the statutory requirements for approval, such as being in the best interests of the employees and not being contrary to public policy. Additionally, the Deputy President had to consider the bargaining process and whether it was conducted fairly and in good faith, as required by the Act. The Deputy President also examined the fairness of the agreement's terms, including wages, hours of work, and other conditions of employment, in light of the existing industrial instruments and the principles of enterprise bargaining.

After careful consideration of the submissions and evidence presented by the parties, the Deputy President concluded that the enterprise agreement was in the best interests of the employees and did not contravene public policy. The Deputy President found that the agreement had been negotiated in good faith and was fair and reasonable in all its terms. The Deputy President approved the agreement, noting that it provided for a balanced distribution of benefits and obligations between the employer and employees. The Deputy President also made specific orders regarding the certification and commencement of the agreement, ensuring that it would be binding on all parties involved.

In conclusion, the Fair Work Commission approved the Cobden District Health Services Inc. enterprise agreement with the Australian Nursing and Midwifery Federation and the Health Services Union. The Deputy President found that the agreement met all the necessary statutory requirements and was fair and reasonable. The agreement was certified and came into effect on the date specified in the order, providing a framework for the terms and conditions of employment for the employees covered by the agreement.

Cobden District Health Services Inc.

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established