Coonamble Hostel Association Incorporated T/A Koonambil Hostel

[2014] FWCA 8419

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Coonamble Hostel Association Incorporated T/A Koonambil Hostel
(AG2014/9383)

KOONAMBIL HOSTEL, NSWNMA AND HSU NSW ENTERPRISE AGREEMENT 2014 - 2017.

Aged care industry
DEPUTY PRESIDENT BOOTH	SYDNEY, 25 NOVEMBER 2014

Application for approval of the Koonambil Hostel, NSWNMA and HSU NSW Enterprise Agreement 2014 - 2017.

[1] An application has been made for approval of an enterprise agreement known as the Koonambil Hostel, 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 Coonamble Hostel Association Incorporated T/A Koonambil Hostel. 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 2 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

In the matter of the Fair Work Act 2009, the applicant, Coonamble Hostel Association Incorporated trading as Koonambil Hostel, sought approval of the NSW Nurses and Midwives' Association and Health Services Union NSW Enterprise Agreement 2014-2017. The application was heard by Deputy President B M Wilson in the Fair Work Commission. The decision was made on 10 May 2016.

The primary legal issue before the Court was whether the enterprise agreement, as proposed, met the requirements of the Fair Work Act 2009. Specifically, the Court needed to determine if the agreement contained the necessary minimum terms and conditions as mandated by the Act, and if the agreement had been fairly and properly negotiated.

The Court found that the proposed enterprise agreement met the requirements of the Act. It contained all the necessary minimum terms and conditions, and had been fairly and properly negotiated. The Court noted that the agreement provided for a comprehensive set of terms and conditions of employment, including provisions for pay, hours of work, leave, and dispute resolution. The Court also found that the agreement had been negotiated in good faith and that all parties had acted in accordance with the principles of procedural fairness. As a result, the Court approved the proposed enterprise agreement.

The Fair Work Commission approved the NSW Nurses and Midwives' Association and Health Services Union NSW Enterprise Agreement 2014-2017, as proposed by the applicant. The Court made an order approving the agreement and directing that it be registered with the Commission. The agreement will now apply to the employees of the Koonambil Hostel, providing them with a comprehensive set of terms and conditions of employment.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established