DECISION

Fair Work Act 2009
s.185—Enterprise agreement

CV Whalley Drive Aged Care Pty Ltd T/A Cumberland View
(AG2018/7394)

CUMBERLAND VIEW AGED SERVICES HEALTH AND ALLIED SERVICES ENTERPRISE AGREEMENT 2018

Health and welfare services
COMMISSIONER YILMAZ	MELBOURNE, 27 MAY 2019

Application for approval of the Cumberland View Aged Services Health and Allied Services Enterprise Agreement 2018.

[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 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by CV Whalley Drive Aged Care Pty Ltd T/A Cumberland View. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The Australian Nursing and Midwifery Federation and the Health Services Union of Australia 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) I note that the Agreement covers the organisations.

[4] The Agreement is approved and, in accordance with s.54, will operate from 3 May 2019. The nominal expiry date of the Agreement is 1 January 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application for approval of the Cumberland View Aged Services Health and Allied Services Enterprise Agreement 2018 by the Fair Work Commission. The applicant, CV Whalley Drive Aged Care Pty Ltd trading as Cumberland View, sought approval of the enterprise agreement under the Fair Work Act 2009. The dispute arose over the terms and conditions of employment for staff within the aged care facility.

The central legal issue before the Commission was whether the enterprise agreement met the statutory requirements for approval under the Fair Work Act. This involved assessing if the agreement contained the necessary minimum terms, including rates of pay, leave entitlements, and other employment conditions, and if it had been fairly negotiated and did not adversely affect employees’ job security. Additionally, the Commission had to determine whether the agreement complied with the "better off overall test," ensuring that employees were not worse off under the new agreement than under their previous terms.

In reaching its decision, the Fair Work Commission considered the evidence provided by both parties and the broader context of the enterprise agreement. It assessed whether the agreement provided for fair and reasonable terms for employees, and whether it met the statutory criteria for approval. The Commission found that the agreement did indeed meet the necessary requirements and was therefore approved. The decision was based on the evidence that the agreement provided for fair and reasonable terms, and that employees would not be worse off under the new agreement.

The Fair Work Commission approved the Cumberland View Aged Services Health and Allied Services Enterprise Agreement 2018. The decision was based on the evidence that the agreement met the statutory requirements for approval and provided for fair and reasonable terms for employees. The Commission was satisfied that employees would not be worse off under the new agreement and that it complied with the "better off overall test." The approval of the agreement ensures that the terms and conditions of employment for staff within the aged care facility are governed by a legally binding agreement.

CV Whalley Drive Aged Care Pty Ltd T/A Cumberland View

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established