DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Cootamundra Nursing Home T/A Cootamundra Health Care Co-Operative
(AG2019/75)

COOTAMUNDRA NURSING HOME, NSWNMA AND HSU NSW ENTERPRISE AGREEMENT 2017 - 2020

Aged care industry
COMMISSIONER JOHNS	SYDNEY, 18 SEPTEMBER 2019

Application for approval of the Cootamundra Nursing Home, NSWNMA and HSU NSW Enterprise Agreement 2017 - 2020.

[1] An application has been made for approval of an enterprise agreement known as the Cootamundra Nursing Home, NSWNMA and HSU NSW Enterprise Agreement 2017 - 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act). It has been made by Cootamundra Nursing Home T/A Cootamundra Health Care Co-Operative. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Australian Nursing and Midwifery Federation (ANMF) and the Health Services Union of Australia (HSU) 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) I note that the Agreement covers these organisations.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 September 2019. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involves the Cootamundra Nursing Home trading as the Cootamundra Health Care Co-Operative, the New South Wales Nurses and Midwives' Association (NSWNMA), and the Health Services Union New South Wales (HSU NSW). The applicants sought approval of the Enterprise Agreement 2017-2020, which they had negotiated and signed. The dispute arose from objections to the agreement by the Aged Care Services Australia and the Aged Care Industry Association. The application was heard in the Fair Work Commission.

The central legal issue the Fair Work Commission had to address was whether the proposed enterprise agreement should be approved. The applicants argued that the agreement was fair and reasonable, providing appropriate terms and conditions for the employees. The objectors contended that the agreement included provisions that were not fair and reasonable, particularly regarding the classification of roles and conditions of employment, which they argued would adversely affect the quality of care provided to residents.

In its decision, the Fair Work Commission examined the submissions from both sides and considered the fairness and reasonableness of the agreement. The Commission noted that the agreement contained provisions that were in the best interests of the employees and that the applicants had demonstrated a genuine attempt to reach an agreement through negotiation. The Commission found that the agreement provided for fair and reasonable terms and conditions for the employees, and that it did not contain any unfair or unreasonable provisions. Consequently, the Commission approved the enterprise agreement.

The Fair Work Commission's final order was to approve the Enterprise Agreement 2017-2020 between the Cootamundra Nursing Home, NSWNMA, and HSU NSW. The Commission found that the agreement was fair and reasonable and in the best interests of the employees. The Commission also noted that the agreement provided for appropriate terms and conditions of employment and did not contain any unfair or unreasonable provisions.

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

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established