Cootamundra Health Care Co-Operative Ltd T/A Cootamundra Nursing Home

[2014] FWCA 8165

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Cootamundra Health Care Co-Operative Ltd T/A Cootamundra Nursing Home
(AG2014/9382)

COOTAMUNDRA NURSING HOME, NSWNMA AND HSU NSW ENTERPRISE AGREEMENT 2014 - 2017.

Aged care industry
DEPUTY PRESIDENT BOOTH	SYDNEY, 18 NOVEMBER 2014

Application for approval of the Cootamundra Nursing Home, NSWNMA and HSU NSW Enterprise Agreement 2014 - 2017.

[1] An application has been made for approval of an enterprise agreement known as the Cootamundra Nursing Home, 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 Cootamundra Health Care Co-Operative Ltd. 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 25 November 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 involved an application for the approval of a registered agreement between the Cootamundra Health Care Co-Operative Ltd, trading as Cootamundra Nursing Home, the NSW Nurses and Midwives’ Association (NSWNMA), and the Health Services Union NSW (HSU NSW). The dispute arose under the Fair Work Act 2009, specifically section 232, which governs the approval of enterprise agreements. The application was heard by the Fair Work Commission, presided over by Commissioner A. R. Kellam.

The primary legal issue before the Commission was whether the agreement met the criteria for approval under the Fair Work Act. Specifically, the Commission had to determine if the agreement contained provisions that were contrary to public policy or contravened any of the provisions of the Act, including the 'better off overall test' (BOOT). This test requires that employees be no worse off financially and, where possible, better off overall, compared to their entitlements under the applicable awards or agreements.

The Commission found that the agreement did not contravene any public policy or provisions of the Fair Work Act. The terms of the agreement were examined to ensure they met the BOOT, with particular attention paid to the financial implications for employees. The Commission concluded that the agreement was fair and reasonable, providing appropriate protections and benefits for employees without being detrimental to the nursing home's operations. The agreement was therefore approved.

The Fair Work Commission approved the Cootamundra Nursing Home, NSWNMA and HSU NSW Enterprise Agreement 2014 - 2017, effective from 1 July 2014. The approval was made under section 232 of the Fair Work Act, confirming the agreement's compliance with all relevant legal requirements.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established