DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Cooinda Coonabarabran Limited
(AG2014/9958)

COOINDA COONABARABRAN LIMITED, NSWNMA AND HSU NSW ENTERPRISE AGREEMENT 2014 - 2017.

Aged care industry
DEPUTY PRESIDENT BOOTH	SYDNEY, 9 DECEMBER 2014

Application for approval of the Cooinda Coonabarabran Limited, NSWNMA and HSU NSW Enterprise Agreement 2014 - 2017.

[1] An application has been made for approval of an enterprise agreement known as the Cooinda Coonabarabran Limited, NSWNMA and HSU NSW Enterprise Agreement 2014 - 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Cooinda Coonabarabran Limited. The agreement is a single-enterprise agreement.

[2] The Health Services Union New South Wales Branch, the New South Wales Branch of 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) of the Act, I note that the Agreement covers these organisations.

[3] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 December 2014. The nominal expiry date of the Agreement is 30 June 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission was an application by Cooinda Coonabarabran Limited, the New South Wales Nurses and Midwives' Association (NSWNMA) and the Health Services Union NSW (HSU NSW) for the approval of the Enterprise Agreement 2014-2017. The application sought to formalise the terms and conditions of employment for the employees covered by the agreement. The primary dispute centred on the fairness and appropriateness of the agreement's provisions, as well as its compliance with the relevant industrial legislation.

The court was required to determine whether the agreement met the statutory criteria for approval, including whether it provided for the terms and conditions of employment of the employees to whom it applied, and whether it had been made in accordance with the provisions of the Fair Work Act 2009. The court also needed to assess whether the agreement contained any unfair provisions that would render it unacceptable under the Act.

In delivering its decision, the Fair Work Commission considered the evidence presented by the parties and evaluated the provisions of the agreement against the statutory requirements. The Commission found that the agreement was fair and appropriate, and that it complied with the legislative criteria. The Commission noted that the agreement provided for a comprehensive set of terms and conditions, including provisions for wages, hours of work, leave entitlements, and other employment-related matters. The Commission also determined that there were no unfair provisions within the agreement that would render it unacceptable. Consequently, the application for approval was granted, and the Enterprise Agreement 2014-2017 was approved.

The final orders of the Fair Work Commission were that the Enterprise Agreement 2014-2017 between Cooinda Coonabarabran Limited, the NSWNMA and the HSU NSW be approved, effective from the date of the decision. This decision provided clarity and certainty to the parties involved and established the terms and conditions of employment for the employees covered by the agreement.

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