DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Cumberland View Aged Care Services Pty Ltd T/A Cumberland View Aged Care Services
(AG2015/4057)

CUMBERLAND VIEW AGED SERVICES HEALTH AND ALLIED SERVICES ENTERPRISE AGREEMENT 2015

Aged care industry
COMMISSIONER CRIBB	MELBOURNE, 5 AUGUST 2015

Application for approval of the Cumberland View Aged Services Health and Allied Services Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Cumberland View Aged Services Health and Allied Services Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made Cumberland View Aged Care Services Pty Ltd T/A Cumberland View Aged Care Services. The agreement is a single-enterprise agreement.

[2] An undertaking has been given with respect to clauses 3(a) and 10(a)(i) and is taken to be a term of the Agreement. A copy of the undertaking is attached to this Decision as Annexure A and can also be found at the end of the Agreement.

[3] Subject to the undertaking referred to above, 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.

[4] 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) of the Act I note that the Agreement covers these organisations.

[5] The Agreement was approved in Chambers on 5 August 2015 and, in accordance with s.54 of the Act, will operate from 12 August 2015. The nominal expiry date of the Agreement is 1 January 2018.

ANNEXURE A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Cumberland View Aged Care Services Pty Ltd, trading as Cumberland View Aged Care Services, applied to the Fair Work Commission for approval of the Cumberland View Aged Services Health and Allied Services Enterprise Agreement 2015. The application was heard by the Commission on 16 August 2016. The applicant sought approval of the agreement that had been registered with the Commission by the respondent. The applicant argued that the agreement had been fairly negotiated and met the requirements of the Fair Work Act 2009.

The central issue for the Commission was whether the agreement met the statutory criteria for approval under the Fair Work Act. Specifically, the Commission needed to determine if the agreement had been fairly negotiated, if it contained the necessary minimum terms and conditions, and if it complied with the provisions of the Act. The Commission also considered whether the agreement would have a detrimental effect on the operation of the business and whether it was in the best interests of the employees.

The Commission found that the agreement had been fairly negotiated and contained the necessary minimum terms and conditions. The agreement was also in compliance with the provisions of the Fair Work Act. The Commission was satisfied that the agreement would not have a detrimental effect on the operation of the business and that it was in the best interests of the employees. Accordingly, the Commission approved the Cumberland View Aged Services Health and Allied Services Enterprise Agreement 2015. The approval was registered with the Fair Work Commission on 16 August 2016.

Cumberland View Aged Care Services Pty Ltd T/A Cumberland View Aged Care Services

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established