Cranbrook Care (Lansdowne Gardens) Pty Limited Summary

[2013] FWCA 8853

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Cranbrook Care (Lansdowne Gardens) Pty Limited
(AG2013/11087)

LANSDOWNE GARDENS HSU AND NSWNMA ENTERPRISE AGREEMENT 2013

Aged care industry
DEPUTY PRESIDENT BOOTH	SYDNEY, 11 NOVEMBER 2013

Application for approval of the Lansdowne Gardens HSU and NSWNMA Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Lansdowne Gardens HSU and NSWNMA Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Cranbrook Care (Lansdowne Gardens) Pty Limited. The agreement is a single-enterprise agreement.

[2] 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.

[3] The Health Services Union, New South Wales Branch, the New South Wales Nurses and Midwives’ Association and the Australian Nursing and Midwifery Federation, New South Wales Branch being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they seek to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers these organisations.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 November 2013. The nominal expiry date of the Agreement is 18 November 2016.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves an application for the approval of an enterprise agreement between Cranbrook Care (Lansdowne Gardens) Pty Limited and the Health Services Union (HSU) and the NSW Nurses and Midwives' Association (NSWNMA). The dispute was heard in the Fair Work Commission of Australia. The core issue before the court was whether the enterprise agreement, which was subject to approval, met the necessary legal standards and criteria as prescribed under the Fair Work Act 2009. Specifically, the court had to determine whether the agreement was made in good faith, whether it contained the required provisions, and whether it complied with the provisions of the Act.

The court examined the terms of the agreement and the process through which it was negotiated. It considered whether the agreement was genuinely negotiated between the parties, whether it included the mandated minimum terms and conditions, and whether it was consistent with the overarching objectives of the Fair Work Act. The court also evaluated submissions from the parties and any other relevant evidence presented. The decision hinged on the interpretation of statutory provisions and the application of these provisions to the facts of the case.

In its reasoning, the court concluded that the enterprise agreement was indeed made in good faith and contained all the required provisions. The court found that the negotiation process was robust and that the agreement reflected the interests of both the employer and the employees. It also determined that the agreement complied with the Act and did not contain any terms that were contrary to public policy or that undermined the protections afforded by the legislation. Consequently, the court approved the Lansdowne Gardens HSU and NSWNMA Enterprise Agreement 2013.

The final orders of the court were to approve the enterprise agreement in its entirety, subject to the conditions and provisions set out in the agreement itself. This approval was contingent upon the continued compliance with the Fair Work Act and any other applicable laws. The decision was made in the interest of maintaining fair and harmonious industrial relations between the parties involved.

Cranbrook Care (Lansdowne Gardens) Pty Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established