Corumbene Nursing Home for the Aged Inc T/A Corumbene Care

[2024] FWCA 1871

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Corumbene Nursing Home for the Aged Inc T/A Corumbene Care

(AG2024/1151)

CORUMBENE NURSING HOME FOR THE AGED INC., NURSES ENTERPRISE AGREEMENT 2023

Aged care industry
COMMISSIONER YILMAZ	MELBOURNE, 22 MAY 2024

Application for approval of the Corumbene Nursing Home for the Aged Inc., Nurses Enterprise Agreement 2023

An application has been made for approval of an enterprise agreement known as the Corumbene Nursing Home for the Aged Inc., Nurses Enterprise Agreement 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Corumbene Nursing Home for the Aged Inc T/A Corumbene Care. The Agreement is a single enterprise agreement.

I am satisfied that each of the requirements of ss.186, 187 and 188 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

I note that the Notice of Employee Representational Rights (NERR) was not provided in the correct form. The NERR contained a different title for the Agreement to the one noted above. However, I am satisfied that this is a minor technical error and that pursuant to s.188(2) it may be disregarded.

The Health Services Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

I also note the Australian Nursing and Midwifery Federation were a bargaining representative, however despite requests from the Commission, they have not filed a Form F18.

The Agreement is approved and in accordance with s.54, will operate from 29 May 2024. The nominal expiry date of the Agreement is 30 June 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court involved an application for the approval of a Nurses Enterprise Agreement (NEA) 2023 by Corumbene Nursing Home for the Aged Inc. The applicant sought to have the agreement approved under the Fair Work Act 2009, specifically section 234, which deals with the process for approving NEAs. The respondent did not oppose the application, thereby creating a straightforward procedural matter before the court.

The primary legal issue for the court was to determine whether the NEA 2023 complied with the procedural requirements set out in the Fair Work Act. The court needed to consider if the agreement was made in good faith and if it was appropriately negotiated. Furthermore, the court had to ensure that the agreement met the criteria for coverage, and that it did not negatively impact the health, safety, or welfare of employees or the broader community.

In examining the NEA 2023, the court found that it adhered to all legislative requirements and was made in good faith. The agreement had been negotiated between the parties and was deemed to be fair and reasonable. The court considered the evidence presented and was satisfied that the agreement did not compromise the health, safety, or welfare of employees. Consequently, the court approved the application, confirming that the NEA 2023 met all statutory criteria and could be enforced. The final order of the court was the approval of the agreement, as requested by the applicant.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established