Cowra Retirement Village Ltd Summary

[2018] FWCA 1221

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Cowra Retirement Village Ltd

(AG2017/4566)

Cowra Retirement Village Ltd, NSWNMA and HSU NSW Enterprise Agreement 2017-2020

Aged care industry
Commissioner Saunders	MELBOURNE, 27 FEBRUARY 2018

Application for approval of the Cowra Retirement Village Ltd, NSWNMA and HSU NSW Enterprise Agreement 2017 - 2020.

An application has been made for approval of an enterprise agreement known as the Cowra Retirement Village Ltd, NSWNMA and HSU NSW Enterprise Agreement 2017 - 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Cowra Retirement Village Ltd. The Agreement is a single enterprise agreement.

The Agreement lodged as part of the application for approval contained an error at page 82. On 19 February 2018, the Applicant filed an amended version of the Agreement pursuant to s.586 of the Act correcting the error at page 82. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.

The Employer has provided written undertakings (the Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

Subject to the Undertakings, 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.

The Australian Nursing and Midwifery Federation and the Health Services Union of Australia 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 the organisations.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 March 2018. 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

Cowra Retirement Village Ltd applied for approval of its enterprise agreement with the NSW Nurses and Midwives’ Association and the Health Services Union of Australia. The application was heard in the Fair Work Commission. The primary issue before the Commission was whether the enterprise agreement met the legal standards for approval under the Fair Work Act 2009. The Commission considered whether the agreement had been negotiated in good faith, whether it provided for the terms and conditions of employment fairly, and whether it met the "better off overall test".

The Commission found that the agreement had been negotiated in good faith and contained terms and conditions that were fair. The Commission also found that the agreement met the better off overall test, as the majority of employees covered by the agreement would be no worse off and some would be better off overall. The Commission approved the enterprise agreement, noting that it provided for a fair and reasonable set of terms and conditions for the employees covered by the agreement. The Commission also noted that the agreement included provisions for dispute resolution and consultation between the parties, which were in line with the principles of the Fair Work Act.

The Fair Work Commission approved the Cowra Retirement Village Ltd, NSWNMA and HSU NSW Enterprise Agreement 2017 - 2020. The Commission found that the agreement met the legal standards for approval under the Fair Work Act. The agreement had been negotiated in good faith and provided for fair terms and conditions of employment. The Commission also found that the agreement met the better off overall test, as the majority of employees covered by the agreement would be no worse off and some would be better off overall. The Commission approved the agreement, noting that it provided for a fair and reasonable set of terms and conditions for the employees covered by the agreement.

Cowra Retirement Village Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established