Coffs Harbour Legacy Welfare Fund T/A Coffs Coast Legacy

[2018] FWCA 1386

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Coffs Harbour Legacy Welfare Fund T/A Coffs Coast Legacy

(AG2017/4931)

Coffs Coast Legacy, NSWNMA and HSU NSW Enterprise Agreement 2017-2020

Aged care industry
Commissioner Saunders	NEWCASTLE, 7 MARCH 2018

Application for approval of the Coffs Coast Legacy, NSWNMA and HSU NSW Enterprise Agreement 2017-2020.

An application has been made for approval of an enterprise agreement known as the Coffs Coast Legacy, 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 Coffs Harbour Legacy Welfare Fund T/A Coffs Coast Legacy. The Agreement is a single enterprise agreement.

The Agreement lodged as part of the application for approval contained an error at page 82. On 8 February 2018, the Applicant filed an amended version of the Agreement pursuant to s.586 of 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 Australian Nursing and Midwifery Federation and the Health Services Union of Australia 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 the organisations.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 March 2018. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of the Coffs Harbour Legacy Welfare Fund, trading as Coffs Coast Legacy, the applicant sought the approval of the Fair Work Commission for the Coffs Coast Legacy, NSWNMA and HSU NSW Enterprise Agreement 2017-2020. The applicant argued that the proposed enterprise agreement, which contained terms and conditions of employment for employees covered by the agreement, was appropriate for approval under the Fair Work Act 2009. The applicant submitted that the agreement met the requirements for approval, including that it did not have an adverse effect on the safety of employees, and that it was not contrary to public interest. The application was made in the context of a broader dispute between the applicant and the Health Services Union NSW, as well as other unions and employer associations.

The legal issues before the Commission were whether the proposed enterprise agreement was appropriate for approval under the Fair Work Act, and whether it met the requirements for approval. The Commission had to consider whether the agreement provided for terms and conditions of employment that were no less favourable than the applicable award or safety-net award, whether it had an adverse effect on the safety of employees, and whether it was contrary to public interest. The Commission also had to consider whether the agreement complied with the requirements for bargaining and agreement-making under the Fair Work Act.

The Commission found that the proposed enterprise agreement was appropriate for approval. It found that the agreement provided for terms and conditions of employment that were no less favourable than the applicable award or safety-net award, and that it did not have an adverse effect on the safety of employees. The Commission also found that the agreement was not contrary to public interest, and that it complied with the requirements for bargaining and agreement-making under the Fair Work Act. The Commission considered that the agreement was a product of good faith bargaining, and that it contained terms and conditions of employment that were reasonable and fair. The Commission also noted that the agreement contained a number of benefits for employees, including increased wages and improved working conditions.

The Commission approved the Coffs Coast Legacy, NSWNMA and HSU NSW Enterprise Agreement 2017-2020, effective from 1 January 2017. The Commission noted that the agreement provided for a number of benefits for employees, including increased wages and improved working conditions. The Commission also noted that the agreement contained provisions for the resolution of disputes, and that it provided for the establishment of a joint consultative committee to facilitate communication and cooperation between the parties. The Commission considered that the agreement was a fair and reasonable product of good faith bargaining, and that it met the requirements for approval under the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established