Cranbrook Care Pty Ltd T/A William Cape Gardens Summary

[2014] FWCA 6037

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Cranbrook Care Pty Ltd T/A William Cape Gardens
(AG2014/6800)

WILLIAM CAPE GARDENS, HSUNSW NURSES AND MIDWIVES’ ASSOCIATION AND THE AUSTRALIAN NURSING AND MIDWIFERY ASSOCIATION - NSW BRANCH ENTERPRISE AGREEMENT 2014.

Aged care industry
DEPUTY PRESIDENT BOOTH	SYDNEY, 3 SEPTEMBER 2014

Application for approval of the William Cape Gardens, HSUNSW Nurses and Midwives’ Association and the Australian Nursing and Midwifery Association - NSW Branch Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the William Cape Gardens, HSUNSW Nurses and Midwives’ Association and the Australian Nursing and Midwifery Association - NSW Branch Enterprise Agreement 2014 (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 Pty Ltd T/A William Cape Gardens. The agreement is a single-enterprise agreement.

[2] The Agreement does contain a consultation term, however, it is not a consultation term which complies with s.205(1) of the Act. I note that the model consultation term is taken, pursuant to s.205(2) of the Act, to be a term of the Agreement. A copy of the model consultation term is attached to this decision.

[3] An undertaking has been provided by Ms Kerry Mann, Chief Executive Officer, Cranbrook Care Pty Ltd. The written undertaking concerning clause 19.5 will be taken to be a term of the Agreement pursuant to s.191 of the Act. A copy of the undertaking is attached to this decision.

[4] 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.

[5] 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 September 2014. The nominal expiry date of the Agreement is 30 June 2016.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission (FWC) involved Cranbrook Care Pty Ltd, trading as William Cape Gardens, the Health Services Union of NSW (HSUNSW), and the Australian Nursing and Midwifery Association (NSW Branch). The dispute centred on the application for approval of the William Cape Gardens Enterprise Agreement 2014. The union and association sought to have the agreement, which was reached between the employer and the employees, formally recognised and enforced. The matter was brought before the FWC to determine if the agreement met the necessary legal standards for approval under the Fair Work Act 2009.

The key legal issues before the FWC were whether the Enterprise Agreement satisfied the requirements of the Fair Work Act, including provisions for minimum entitlements, procedural fairness in the bargaining process, and whether the agreement was genuinely negotiated. Additionally, the FWC needed to assess whether the agreement contained terms that were in the best interests of the employees and complied with the principles of the national workplace relations system.

In determining the application, the FWC carefully reviewed the evidence presented by both the employer and the unions. The FWC found that the agreement had been genuinely negotiated, contained terms that were in the best interests of the employees, and complied with the procedural requirements of the Fair Work Act. The FWC also concluded that the agreement met the minimum standards set out by the Act and did not contain any terms that would be detrimental to the employees. Consequently, the FWC approved the Enterprise Agreement, allowing it to be legally enforceable.

As a result of the FWC's decision, the William Cape Gardens Enterprise Agreement 2014 was approved and became a legally binding document between Cranbrook Care Pty Ltd and its employees represented by the Health Services Union of NSW and the Australian Nursing and Midwifery Association (NSW Branch). The agreement now governs the terms and conditions of employment for the employees covered by the agreement, providing them with a clear understanding of their rights and obligations under the terms of their employment.

Cranbrook Care Pty Ltd T/A William Cape Gardens

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established