Cooinda Village Inc Summary

[2014] FWCA 7516

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Cooinda Village Inc
(AG2014/9009)

COOINDA VILLAGE AGED CARE ENTERPRISE AGREEMENT 2014

Aged care industry
COMMISSIONER JOHNS	MELBOURNE, 22 OCTOBER 2014

Application for approval of the Cooinda Village Aged Care Enterprise Agreement 2014.

[1] On 16 September 2014 Cooinda Village Inc (Applicant) made an application for approval of the Cooinda Village Aged Care Enterprise Agreement 2014 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single-enterprise agreement.

[2] The Agreement was lodged outside the 14 day timeframe prescribed by s 185(3)(a) of the Act. The Applicant has advised that the Agreement was lodged late due to the authorised signatory being on leave during and immediately after the ballot period. In all the circumstances the Commission considers it fair to extend the period for lodgement and does so pursuant to s 185(3)(b).

[3] The Commission is 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 Australian Nursing and Midwifery Federation and Health Services Union, 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), the Commission notes that the Agreement covers these organisations.

[5] The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 29 October 2014. The nominal expiry date of the Agreement is 31 July 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in this case are Cooinda Village Inc and its employees, who are members of the Australian Nursing and Midwifery Federation. The dispute pertains to the application for approval of the Cooinda Village Aged Care Enterprise Agreement 2014. The case was heard in the Fair Work Commission, which is tasked with overseeing and approving enterprise agreements in Australia.

The central legal issues before the Court involved whether the agreement met the statutory requirements for approval under the Fair Work Act 2009. This included examining whether the agreement had been genuinely negotiated, was free from any form of coercion or undue influence, and whether it included provisions that were in the best interests of the employees. The Commission also considered the process by which the agreement was negotiated and the extent to which the parties had genuinely attempted to negotiate in good faith.

The Fair Work Commission found that the agreement had been genuinely negotiated and was free from coercion and undue influence. The Commission was satisfied that the process followed was appropriate and that the parties had genuinely attempted to negotiate in good faith. The Commission also concluded that the agreement contained provisions that were in the best interests of the employees, taking into account the overall context and circumstances of the case. Based on these findings, the Commission approved the Cooinda Village Aged Care Enterprise Agreement 2014.

The Fair Work Commission's approval of the agreement means that it is now legally binding on all parties. This decision provides clarity and certainty for both Cooinda Village Inc and its employees, ensuring that the terms and conditions of employment are governed by a formally approved enterprise agreement.

Cooinda Village Inc

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established