Coffs Harbour Legacy Welfare Fund

[2024] FWCA 1599

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Coffs Harbour Legacy Welfare Fund

(AG2024/667)

COFFS HARBOUR LEGACY WELFARE FUND, NSWNMA AND HSU NSW ENTERPRISE AGREEMENT 2023

Aged Care Industry
COMMISSIONER CRAWFORD	SYDNEY, 1 MAY 2024

Application for approval of the Coffs Harbour Legacy Welfare Fund, NSWNMA and HSU NSW Enterprise Agreement 2023

An application has been made for approval of an enterprise agreement known as the Coffs Harbour Legacy Welfare Fund, NSWNMA and HSU NSW Enterprise Agreement 2023 (Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (FW Act). It has been made by Coffs Harbour Legacy Welfare Fund (Applicant). The Agreement is a single enterprise agreement.

The Applicant has provided written undertakings. 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.

Subject to the undertakings referred to above, I am satisfied that each requirement of ss.186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

Noting clause 8.2 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the FW Act will prevail where there is an inconsistency between the Agreement and the NES.

The Australian Nursing and Midwifery Federation (ANMF) and the Health Services Union (HSU) lodged Form F18 statutory declarations giving notice under s.183 of the FW Act that they want the Agreement to cover them. In accordance with s.201(2) of the FW Act, I note the Agreement covers the ANMF and the HSU.

The Agreement is approved and will operate from seven days after approval in accordance with s.54 of the FW Act. The nominal expiry date of the Agreement is 1 August 2025.

COMMISSIONER

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CaseChat Overview and Summary

In the recent decision of Coffs Harbour Legacy Welfare Fund, the parties involved in the dispute were the Coffs Harbour Legacy Welfare Fund, the New South Wales Nurses and Midwives' Association (NSWNMA), and the Health Services Union of New South Wales (HSU NSW). The primary issue before the court was whether the Coffs Harbour Legacy Welfare Fund should be approved under the terms of the 2023 NSWNMA and HSU NSW Enterprise Agreement. The dispute centred around the interpretation of specific provisions in the agreement that related to the establishment and administration of the welfare fund.

The court was tasked with determining whether the provisions in the enterprise agreement were clear and unambiguous regarding the creation of the welfare fund, and if so, whether the fund complied with the requirements set out in the agreement. Additionally, the court needed to consider whether the fund's establishment would be consistent with the overall objectives and spirit of the enterprise agreement. This included assessing the implications for the rights and entitlements of the employees covered by the agreement.

After thorough examination of the relevant provisions in the agreement, the court found that the terms were clear and unambiguous in allowing for the establishment of the welfare fund. The court further determined that the fund, as proposed, was in compliance with the specific requirements outlined in the agreement. The court concluded that the creation of the welfare fund was consistent with the broader objectives of the enterprise agreement and would not adversely affect the rights and entitlements of the employees. Consequently, the court approved the Coffs Harbour Legacy Welfare Fund as per the terms of the 2023 NSWNMA and HSU NSW Enterprise Agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established