DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Cohuna Retirement Village Inc.
(AG2015/3948)

COHUNA RETIREMENT VILLAGE INC., ANMF AND HSU ENTERPRISE AGREEMENT 2014

Aged care industry
COMMISSIONER CRIBB	MELBOURNE, 29 JULY 2015

Application for approval of the Cohuna Retirement Village Inc., ANMF and HSU Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Cohuna Retirement Village 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 Cohuna Retirement Village 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 (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) of the Act I note that the Agreement covers the organisations.

[4] The Agreement was approved in Chambers on 29 July 2015 and, in accordance with s.54 of the Act, will operate from 5 August 2015. The nominal expiry date of the Agreement is 31 October 2017.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application for the approval of the Cohuna Retirement Village Inc. Enterprise Agreement 2014, which was brought before the Fair Work Commission. The applicants were Cohuna Retirement Village Inc., the Australian Nursing and Midwifery Federation (ANMF), and the Health Services Union (HSU). The agreement sought to regulate the terms and conditions of employment for staff at the Cohuna Retirement Village. The legal issues that arose centred on whether the agreement met the necessary criteria for approval under the Fair Work Act 2009. Specifically, the court had to determine if the agreement provided for the proper protection of employees' wages, conditions, and entitlements, and whether it had been genuinely negotiated.

The Fair Work Commission examined the provisions of the agreement to ascertain whether they aligned with the objectives of the Fair Work Act, which include promoting high wages and high levels of employment. The court also considered whether the agreement allowed for genuine bargaining and if it provided adequate protections for the employees, including minimum wages, leave entitlements, and other employment conditions. The analysis involved a detailed review of the agreement's clauses and the process by which they were negotiated. The Commission found that the agreement contained provisions that met the statutory requirements and represented a fair and reasonable outcome for both the employees and the employer.

Following its analysis, the Fair Work Commission concluded that the Cohuna Retirement Village Inc. Enterprise Agreement 2014 was compliant with the Fair Work Act and should be approved. The Commission noted that the agreement had been negotiated in good faith and provided for appropriate protections and benefits for the employees. Consequently, the court issued its approval for the agreement, allowing it to come into effect. This decision ensures that the terms and conditions of employment at Cohuna Retirement Village are regulated in accordance with the statutory framework designed to protect workers' rights.

Cohuna Retirement Village Inc.

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established