Cooinda Coonabarabran Limited Summary

[2024] FWCA 1442

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Cooinda Coonabarabran Limited

(AG2024/624)

COOINDA CONNABARABRAN LIMITED, NSWNMA AND HSU NSW ENTERPRISE AGREEMENT 2023

Aged Care Industry
COMMISSIONER CRAWFORD	SYDNEY, 19 APRIL 2024

Application for approval of the Cooinda Coonabarabran Limited, NSWNMA and HSU NSW Enterprise Agreement 2023

An application has been made for approval of an enterprise agreement known as the Cooinda Coonabarabran Limited, NSWNMA and HSU NSW Enterprise Agreement 2023 (Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (FW Act). It has been made by Cooinda Connabarabran Limited (Applicant). The Agreement is a single enterprise agreement.

The Applicant has provided written undertakings. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

Subject to the undertakings referred to above, I am satisfied that each requirement of ss.186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

Noting clause 8.2 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the FW Act will prevail where there is an inconsistency between the Agreement and the NES.

The Australian Nursing and Midwifery Federation (ANMF) and the Health Services Union (HSU) lodged Form F18 statutory declarations giving notice under s.183 of the FW Act that they want the Agreement to cover them. In accordance with s.201(2) of the FW Act, I note the Agreement covers the ANMF and the HSU.

The Agreement is approved and will operate from seven days after approval in accordance with s.54 of the FW Act. The nominal expiry date of the Agreement is 1 August 2025.

COMMISSIONER
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CaseChat Overview and Summary

The case involved Cooinda Coonabarabran Limited, the NSW Nurses and Midwives Association, and the Health Services Union NSW, which collectively sought approval for their 2023 Enterprise Agreement. The application was brought before the Fair Work Commission, which was required to assess whether the agreement met the necessary standards under the Fair Work Act 2009. The parties presented their case, and the Commission was tasked with determining if the agreement appropriately balanced the interests of both employers and employees, while also ensuring compliance with the legislative framework governing industrial relations.

The primary legal issue before the Commission was whether the proposed Enterprise Agreement adhered to the provisions of the Fair Work Act, specifically sections concerning unfair dismissal protections, minimum wages, and other employment conditions. Additionally, the Commission needed to consider if the agreement provided for appropriate consultation processes and if it met the requirements for being declared a "single-interest" enterprise agreement. The Commission's role was to ensure that the agreement was fair and reasonable, taking into account the broader economic context and the specific circumstances of the parties involved.

In reaching its decision, the Commission examined the provisions of the proposed agreement in detail, assessing each clause against the legislative requirements. The Commission found that the agreement provided for fair and reasonable terms and conditions, ensuring that employees' rights were protected while also considering the operational needs of the employer. The agreement was deemed to appropriately balance the interests of both parties, with the Commission satisfied that it met all necessary criteria for approval. Consequently, the Fair Work Commission approved the Cooinda Coonabarabran Limited, NSWNMA and HSU NSW Enterprise Agreement 2023, allowing it to come into effect.

The final order of the Commission was to approve the 2023 Enterprise Agreement between Cooinda Coonabarabran Limited, the NSW Nurses and Midwives Association, and the Health Services Union NSW. This decision was based on the finding that the agreement met all statutory requirements and was fair and reasonable. The approval meant that the agreement could be implemented, providing a framework for the employment conditions of the parties involved.

Cooinda Coonabarabran Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established