Cowra Retirement Village Ltd Summary

[2024] FWCA 1437

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Cowra Retirement Village Ltd

(AG2024/596)

COWRA RETIREMENT VILLAGE LIMITED, NSWNMA AND HSU NSW ENTERPRISE AGREEMENT 2023

Aged Care Industry
COMMISSIONER CRAWFORD	SYDNEY, 19 APRIL 2024

Application for approval of the Cowra Retirement Village Limited, NSWNMA and HSU NSW Enterprise Agreement 2023

An application has been made for approval of an enterprise agreement known as the Cowra Retirement Village Limited, 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 Cowra Retirement Village Ltd (Applicant). The Agreement is a single enterprise agreement.

The Applicant has provided written undertakings. 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.

Subject to the undertakings referred to above, I am satisfied that each requirement of ss.186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

Noting clause 8.2 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the FW 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
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CaseChat Overview and Summary

The case of Cowra Retirement Village Limited was heard before the Fair Work Commission, involving an application for approval of the 2023 Enterprise Agreement between the applicant, Cowra Retirement Village Limited, the New South Wales Nurses and Midwives' Association (NSWNMA), and the Health Services Union NSW (HSU NSW). The primary nature of the dispute centred on whether the proposed agreement met the necessary criteria for approval under the Fair Work Act 2009. Specifically, the applicant sought to ensure that the agreement was fair and in line with the statutory requirements, particularly concerning the terms and conditions of employment for the nursing and midwifery staff at the retirement village.

The legal issues that the Commission needed to address included whether the agreement provided for terms and conditions that were no less favourable than the relevant award or safety net award, and whether it was made in good faith. Furthermore, the Commission needed to assess whether the agreement contained provisions that ensured the terms and conditions were fair and reasonable, and whether it complied with the procedural requirements of the Act, including the provision of relevant documents and the opportunity for employees to be represented.

In reaching its decision, the Commission considered the evidence and submissions from the parties, including the proposed terms and conditions of the agreement, the context of the agreement, and the impact on the employees. The Commission found that the agreement met the necessary criteria for approval, as it provided for terms and conditions that were no less favourable than the relevant award, and it was made in good faith. The Commission was satisfied that the agreement contained provisions that ensured the terms and conditions were fair and reasonable, and that it complied with the procedural requirements of the Act. Consequently, the Commission approved the application for the 2023 Enterprise Agreement.

In conclusion, the Fair Work Commission approved the Cowra Retirement Village Limited, NSWNMA and HSU NSW Enterprise Agreement 2023, finding it met the necessary criteria under the Fair Work Act 2009. The decision highlights the importance of ensuring that enterprise agreements provide fair and reasonable terms and conditions for employees and comply with statutory requirements.

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