Cowra Retirement Village Ltd

[2014] FWCA 8187

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Cowra Retirement Village Ltd
(AG2014/9387)

COWRA RETIREMENT VILLAGE LTD, NSWNMA AND HSU NSW ENTERPRISE AGREEMENT 2014 - 2017.

Aged care industry
DEPUTY PRESIDENT BOOTH	SYDNEY, 18 NOVEMBER 2014

Application for approval of the Cowra Retirement Village Ltd, NSWNMA and HSU NSW Enterprise Agreement 2014 - 2017.

[1] An application has been made for approval of an enterprise agreement known as the Cowra Retirement Village Ltd, 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 Cowra Retirement Village 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

In the matter of the Fair Work Commission, Cowra Retirement Village Ltd, NSWNMA and the Health Services Union NSW, the applicant sought approval for the Cowra Retirement Village Ltd, NSWNMA and HSU NSW Enterprise Agreement 2014 - 2017. The dispute centred on the validity and approval of this enterprise agreement, which was intended to regulate the employment terms and conditions of the workers at Cowra Retirement Village Ltd.

The primary legal issues the court was required to decide were whether the enterprise agreement complied with the relevant provisions of the Fair Work Act 2009 and if it met the necessary criteria for approval under the Fair Work (Registered Organisations) Act 2009. This involved examining whether the agreement had been fairly negotiated, if it covered the correct bargaining unit, and if it contained the necessary provisions as required by the legislation.

The Fair Work Commission determined that the enterprise agreement was fairly negotiated and complied with all relevant provisions of the Fair Work Act 2009. The Commission found that the agreement was made in good faith and included all the necessary provisions to be considered a valid enterprise agreement. Additionally, it was determined that the agreement was appropriate for the specified bargaining unit and met the criteria for approval. As such, the Commission approved the Cowra Retirement Village Ltd, NSWNMA and HSU NSW Enterprise Agreement 2014 - 2017.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established