DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Coffs Harbour Legacy Welfare Fund T/A Coffs Harbour Legacy
(AG2014/10960)

COFFS HARBOUR LEGACY WELFARE FUND, NSWNMA AND HSU NSW ENTERPRISE AGREEMENT 2014-2017

Aged care industry
COMMISSIONER SIMPSON	BRISBANE, 9 JANUARY 2015

Application for approval of the Coffs Harbour Legacy Welfare Fund, NSWNMA and HSU NSW Enterprise Agreement 2014-2017.

[1] 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 2014-2017 (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 Harbour Legacy. The agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Health Services Union, the New South Wales Nurses and Midwives’ Association and New South Wales Branch of the Australian Nursing and Midwifery Federation, 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) of the Act, I note that the Agreement covers these organisations.

[4] The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Coffs Harbour Legacy Welfare Fund, trading as the Coffs Harbour Legacy, applied to the Industrial Court of New South Wales for the approval of the Coffs Harbour Legacy Welfare Fund, NSWNMA and HSU NSW Enterprise Agreement 2014-2017. The application was made under section 240 of the Industrial Relations Act 1996 (NSW). The primary legal issue the court had to address was whether the terms of the proposed enterprise agreement were in accordance with the principles of the Fair Work Act 2009 (Cth) and the common law, particularly in relation to the protection of the welfare rights of employees.

The court examined the terms of the agreement, focusing on the provisions concerning the welfare fund's operation and the entitlements of the employees. The court found that the agreement was consistent with the relevant legislation and common law principles. The court noted that the agreement provided a clear framework for the management of the welfare fund and ensured that the interests of the employees were protected. The terms of the agreement were considered fair and reasonable, and the court approved the enterprise agreement. The court's decision was based on the comprehensive nature of the agreement and its compliance with the relevant legal standards.

In light of the above, the court approved the Coffs Harbour Legacy Welfare Fund, NSWNMA and HSU NSW Enterprise Agreement 2014-2017. The court's approval was granted under section 240 of the Industrial Relations Act 1996 (NSW), and the agreement is now legally binding on the parties involved. The court's decision ensures that the welfare rights of the employees are protected and that the operations of the welfare fund are conducted in accordance with the law.

Coffs Harbour Legacy Welfare Fund T/A Coffs Harbour Legacy

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established