DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Complete Nursing & Home Care Pty Ltd t/a Complete Nursing & Home Care
(AG2016/949)

COMPLETE NURSING AND HOME CARE ENTERPRISE AGREEMENT 2016

Social, community, home care and disability services
COMMISSIONER SAUNDERS	NEWCASTLE, 24 MAY 2016

Application for approval of the Complete Nursing and Home Care Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Complete Nursing and Home Care Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Complete Nursing and Home Care Pty Ltd t/a Complete Nursing & Home Care. The Agreement is a single enterprise agreement.

[2] 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.

[3] 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.

[4] Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

[5] 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.

[6] 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.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 31 May 2016. The nominal expiry date of the Agreement is 23 May 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Complete Nursing & Home Care Pty Ltd, trading as Complete Nursing & Home Care, applied to the Fair Work Commission for approval of the Complete Nursing and Home Care Enterprise Agreement 2016. The application was brought before the Commission by a delegate of the Secretary of the Department of Employment. The dispute centred on whether the agreement met the requirements of the Fair Work Act 2009 and the Fair Work Regulations 2009, particularly concerning the procedural fairness and compliance with the minimum terms and conditions.

The legal issues before the Commission included whether the agreement had been made in accordance with the procedural requirements set out in the Fair Work Act, and whether it provided for minimum terms and conditions that complied with the provisions of the Act. The Commission needed to determine if the agreement was a genuine enterprise agreement, if it was made without coercion, and if it contained only permissible content. Furthermore, the Commission had to assess whether the agreement contained provisions that were contrary to public policy.

The Fair Work Commission found that the application for approval of the Complete Nursing and Home Care Enterprise Agreement 2016 was valid. The Commission was satisfied that the agreement was made in accordance with the procedural requirements of the Fair Work Act. It was determined that the agreement had been negotiated in good faith, without any unfair labour practices, and that it contained only permissible content. Additionally, the Commission confirmed that the agreement did not include any provisions that were contrary to public policy and that it provided for the minimum terms and conditions as required by the Act. Consequently, the Commission approved the application for the agreement's registration.

Complete Nursing & Home Care Pty Ltd t/a Complete Nursing & Home Care

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established