Cootamundra Healthcare Co-Operative Ltd T/A Adina Care

[2024] FWCA 3355

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Cootamundra Healthcare Co-Operative Ltd T/A Adina Care

(AG2024/3219)

ADINA CARE, NSWNMA AND HSU NSW ENTERPRISE AGREEMENT 2023

Aged care industry
COMMISSIONER CRAWFORD	SYDNEY, 24 SEPTEMBER 2024

Application for approval of the Adina Care, NSWNMA and HSU NSW Enterprise Agreement 2023

An application has been made for approval of an enterprise agreement known as the Adina Care, NSWNMA and HSU NSW Enterprise Agreement 2023 (Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (FW Act). It has been made by Cootamundra Health Care Co-Operative Limited. The Agreement is a single enterprise agreement.

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

Noting clause 8.2 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

The Australian Nursing and Midwifery Federation (ANMF) and the Health Services Union (HSU) lodged Form F18 statutory declarations giving notice under s.183 of the FW Act that they want the Agreement to cover them. In accordance with s.201(2) of the FW Act, I note the Agreement covers the ANMF and the HSU.

The Agreement is approved and will operate from seven days after approval in accordance with s.54 of the FW Act. The nominal expiry date of the Agreement is 1 August 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves an application for the approval of an enterprise agreement between Cootamundra Healthcare Co-Operative Ltd, trading as Adina Care, and the NSW Nurses and Midwives' Association (NSWNMA) and Health Services Union NSW (HSU NSW). The dispute was heard in the Fair Work Commission, a tribunal with specific jurisdiction over workplace relations and employment matters in Australia. The application sought to approve the terms and conditions of employment as outlined in the proposed enterprise agreement, which included various aspects such as wages, working conditions, leave entitlements, and dispute resolution mechanisms.

The primary legal issues addressed by the Commission were whether the proposed agreement met the statutory requirements for an enterprise agreement under the Fair Work Act 2009. This involved verifying if the agreement contained all the prescribed terms, was free from prohibited content, and was made in good faith. Additionally, the Commission had to consider whether the agreement provided fair and reasonable terms for the employees and if it had been appropriately negotiated.

In reaching its decision, the Commission examined the evidence provided by the parties and the content of the proposed agreement. It determined that the agreement contained all necessary prescribed terms and was free from any prohibited content. The Commission also found that the agreement had been made in good faith and provided fair and reasonable terms for the employees. Given these findings, the Commission approved the enterprise agreement, thereby resolving the dispute.

As a result of the approval, the enterprise agreement between Cootamundra Healthcare Co-Operative Ltd, NSWNMA, and HSU NSW, for the year 2023, was formally recognised and implemented, setting out the terms and conditions of employment for the employees involved.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established