Columbia Aged Care Group T/A Columbia Nursing Services Pty Ltd

[2017] FWCA 4513

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Columbia Aged Care Group T/A Columbia Nursing Services Pty Ltd

(AG2017/2982)

Columbia Aged Care Group, NSWNMA, ANMF NSW Branch and HSU New South Wales Branch Enterprise Agreement 2017

Aged care industry
Commissioner Saunders	MELBOURNE, 30 AUGUST 2017

Application for approval of the Columbia Aged Care Group, NSWNMA, ANMF NSW Branch and HSU New South Wales Branch Enterprise Agreement 2017.

An application has been made for approval of an enterprise agreement known as the Columbia Aged Care Group, NSWNMA, ANMF NSW Branch and HSU New South Wales Branch Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Columbia Aged Care Group T/A Columbia Nursing Services Pty Ltd. The Agreement is a single enterprise agreement.

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.

Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

The Australian Nursing and Midwifery Federation, New South Wales Nurses and Midwives’ Association and 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 6 September 2017. 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 Columbia Aged Care Group T/A Columbia Nursing Services Pty Ltd, the Fair Work Commission was called upon to assess and approve the enterprise agreement proposed by the Columbia Aged Care Group, the NSW Nurses and Midwives' Association, the Australian Nursing and Midwifery Federation NSW Branch, and the Health Services Union New South Wales Branch. The agreement in question pertained to the employment conditions of certain workers under the Aged Care Services Award 2010.

The primary legal issues before the Commission involved determining whether the proposed enterprise agreement complied with the relevant statutory requirements under the Fair Work Act 2009. This included ensuring that the agreement was free from any provisions that might contravene the 'better off overall test' and that it appropriately balanced the interests of the employees and the employer. Additionally, the Commission had to assess if the agreement contained all the mandated terms and conditions as stipulated by the Fair Work Act.

The Fair Work Commission deliberated on the submissions from both the applicants and the objectors, carefully considering the economic and non-economic benefits and detriments of the proposed agreement. The Commission concluded that the agreement met the statutory criteria and was in the best interests of the employees. The agreement was approved as it provided a fair and reasonable outcome for the employees, considering the overall benefits and the manner in which it was negotiated.

The final orders of the Commission were that the Columbia Aged Care Group, NSWNMA, ANMF NSW Branch and HSU New South Wales Branch Enterprise Agreement 2017 be approved as a registered agreement under section 172 of the Fair Work Act 2009. The agreement was to be registered from the date of the Commission's decision, thereby providing legal effect to the terms negotiated between the parties.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established