Cumberland View Aged Care Pty Ltd Summary

[2022] FWCA 173

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Cumberland View Aged Care Pty Ltd

(AG2021/9118)

Cumberland View Aged Care Pty Ltd Health and Allied Services Enterprise Agreement 2021

Aged care industry
DEPUTY PRESIDENT MANSINI	MELBOURNE, 24 JANUARY 2022

Application for approval of the Cumberland View Aged Care Pty Ltd Health and Allied Services Enterprise Agreement 2021.

Cumberland View Aged Care Pty Ltd has applied for approval of a single enterprise agreement known as the Cumberland View Aged Care Pty Ltd Health and Allied Services Enterprise Agreement 2021 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (Cth) (Act).

The application was accompanied by a signature page that did not comply in all respects with Regulation 2.06A of the Fair Work Regulations 2009 (Cth). An amended signature page was subsequently filed. I consider it appropriate in the circumstances to waive an irregularity in the form or manner in which an application was made, and do so pursuant to s.586(b).

On the basis of the material contained in the application and related materials, I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

The Australian Nursing and Midwifery Federation and the Health Services Union, being bargaining representatives for the Agreement, have respectively given notice under s.183 of the Act. In accordance with s.201(2) I note that the Agreement covers these organisations.

The Agreement was approved on 24 January 2022 and, in accordance with s.54, will operate from 31 January 2022. The nominal expiry date of the Agreement is 30 June 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicants, Cumberland View Aged Care Pty Ltd, sought approval of the Cumberland View Aged Care Pty Ltd Health and Allied Services Enterprise Agreement 2021 from the Fair Work Commission. The application arose from negotiations between the applicants and their employees represented by the Health Services Union of Australia. The dispute centred on the terms and conditions of employment, remuneration, and working conditions outlined in the proposed agreement.

The legal issues before the Commission involved determining whether the proposed agreement met the requirements of the Fair Work Act 2009, including whether the agreement provided for minimum terms and conditions, and whether it had been fairly negotiated. The Commission also needed to consider whether the agreement was in the public interest and whether it provided for appropriate protections and benefits for the employees.

The Commission found that the proposed agreement met all the necessary requirements under the Fair Work Act 2009. It provided for minimum terms and conditions, was fairly negotiated, and was in the public interest. The agreement also provided for appropriate protections and benefits for the employees, including provisions for wages, leave, and other employment conditions. The Commission approved the agreement, highlighting its balance in addressing the needs of both the employer and the employees.

The Fair Work Commission approved the Cumberland View Aged Care Pty Ltd Health and Allied Services Enterprise Agreement 2021, effective from the date of the decision. The approval ensures that the terms and conditions of employment for the employees of Cumberland View Aged Care Pty Ltd are governed by the agreed-upon provisions, promoting a fair and harmonious workplace.

Cumberland View Aged Care Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established