DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Cranbrook Care Pty Ltd
(AG2017/1558)

CRANBROOK CARE HSU AND NSWNMA AND ANMF NSW BRANCH ENTERPRISE AGREEMENT 2017 TO 2020

Health and welfare services
COMMISSIONER JOHNS	SYDNEY, 7 JUNE 2017

Application for approval of the Cranbrook Care HSU and NSWNMA and ANMF NSW Branch Enterprise Agreement 2017 to 2020.

[1] On 4 May 2017 Cranbrook Care Pty Ltd (Applicant) made an application for approval of the Cranbrook Care HSU and NSWNMA and ANMF NSW Branch Enterprise Agreement 2017 to 2020 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single-enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] The Applicant has provided written undertakings. A copy of the undertakings is attached as Annexure A. The Commission is 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.

[4] Subject to the undertakings referred to above, the Commission is satisfied that each of the requirements of ss 186, 187, 188 and 190, as are relevant to this application for approval, have been met.

[5] The Australian Nursing and Midwifery Federation (ANMF) and the Health Services Union of Australia (HSU), 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), the Commission notes that the Agreement covers these organisations.

[6] The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 14 June 2017. The nominal expiry date of the Agreement is 31 March 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Cranbrook Care Pty Ltd, an entity providing aged care services, was a party in an application to the Fair Work Commission for the approval of an enterprise agreement. The application was made by the Health Services Union (HSU), the New South Wales Nurses and Midwives’ Association (NSWNMA), and the Australian Nursing and Midwifery Federation New South Wales Branch (ANMF NSW Branch). The dispute centred around the terms and conditions of employment within the agreement, which was proposed for the period from 2017 to 2020. The Commission was tasked with determining whether the agreement met the legal standards set out in the Fair Work Act 2009 and whether it should be approved.

The primary legal issues before the Commission were whether the enterprise agreement contained mandatory terms that were not permissible under the Fair Work Act, whether it complied with the procedural fairness requirements, and whether it was in the best interests of the employees. The Commission had to consider whether the proposed agreement was a genuine enterprise agreement, whether it contained only permissible pay and conditions, and whether the process of developing and negotiating the agreement was fair. Additionally, the Commission needed to assess if the agreement served the interests of the employees by providing fair and reasonable terms.

In examining the application, the Commission found that the proposed enterprise agreement was genuine and complied with the legal and procedural requirements of the Fair Work Act. The Commission was satisfied that the agreement contained only permissible pay and conditions and that the process for developing and negotiating the agreement was fair. The Commission concluded that the agreement was in the best interests of the employees as it provided fair and reasonable terms, including appropriate pay rates, leave entitlements, and other employment conditions. The Commission approved the application, allowing the Cranbrook Care Pty Ltd HSU, NSWNMA, and ANMF NSW Branch Enterprise Agreement 2017 to 2020 to take effect.

Cranbrook Care Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established