DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Cooinda Coonabarabran Limited
(AG2017/5914)

COOINDA COONABARABRAN LTD, NSWNMA AND HSU NSW ENTERPRISE AGREEMENT 2017-2020

Aged care industry
COMMISSIONER SAUNDERS	NEWCASTLE, 20 DECEMBER 2017

Application for approval of the Cooinda Coonabarabran Ltd, NSWNMA and HSU NSW Enterprise Agreement 2017 - 2020.

[1] An application has been made for approval of an enterprise agreement known as the Cooinda Coonabarabran Ltd, NSWNMA and HSU NSW Enterprise Agreement 2017 - 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Cooninda Coonabarabran Limited. 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] The Agreement lodged as part of the application for approval contained an error at page 82. On 6 December 2017, the Applicant filed an amended version of the Agreement pursuant to s.586 of the Act, correcting the error at page 82. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.

[7] The Health Services Union of Australia, the Australian Nursing and Midwifery Federation and the New South Wales Nurses and Midwives’ Association 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.

[8] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 December 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

The case involved Cooinda Coonabarabran Limited, the NSW Nurses and Midwives Association (NSWNMA), and the Health Services Union of NSW (HSU NSW). The dispute centred around the application for the approval of the Enterprise Agreement between the parties, which was dated 2017 to 2020. The case was heard by the Fair Work Commission (FWC).

The legal issues that the FWC was required to determine included whether the agreement was in the interests of the employees, whether it complied with the relevant provisions of the Fair Work Act 2009, and whether it met the "better off overall test." This test required the FWC to consider whether the employees were better off overall under the terms of the agreement compared to their previous conditions.

The FWC examined the various terms and conditions of the agreement, including wages, hours of work, leave entitlements, and other employment benefits. The FWC found that the agreement was fair and reasonable and met the better off overall test. The FWC concluded that the agreement was in the best interests of the employees and was compliant with the relevant provisions of the Fair Work Act 2009.

Consequently, the FWC approved the Cooinda Coonabarabran Ltd, NSWNMA and HSU NSW Enterprise Agreement 2017-2020. This decision was made on the basis that the agreement provided for fair and reasonable terms and conditions of employment for the employees, and that it met the better off overall test. The approval of the agreement ensured that the employees would be entitled to the benefits provided for in the agreement, subject to any further legal challenges that may arise.

Cooinda Coonabarabran Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established