Cypress View Lodge Limited

[2014] FWCA 8494

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Cypress View Lodge Limited
(AG2014/9649)

CYPRESS VIEW LODGE LIMITED, NSWNMA AND HSU NSW ENTERPRISE AGREEMENT 2014 - 2017.

Aged care industry
DEPUTY PRESIDENT BOOTH	SYDNEY, 27 NOVEMBER 2014

Application for approval of the Cypress View Lodge Limited, NSWNMA and HSU NSW Enterprise Agreement 2014 - 2017.

[1] An application has been made for approval of an enterprise agreement known as the Cypress View Lodge Limited, NSWNMA and HSU NSW Enterprise Agreement 2014 - 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Cypress View Lodge Limited. The agreement is a single-enterprise agreement.

[2] 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.

[3] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 December 2014. The nominal expiry date of the Agreement is 30 June 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of Cypress View Lodge Limited, the applicant sought approval of the enterprise agreement it had entered into with the NSW Nurses and Midwives' Association and the Health Services Union NSW. The application was heard by the Fair Work Commission, which is responsible for approving enterprise agreements under the Fair Work Act 2009. The applicant argued that the agreement contained provisions that were necessary and appropriate for the proper operation of the business, while the respondents contended that certain provisions were not fair and reasonable.

The legal issues before the Commission were whether the provisions in question were necessary and appropriate for the proper operation of the business, and whether they were fair and reasonable. The Commission considered the provisions in light of the principles set out in section 234 of the Act, including the need to promote high levels of enterprise bargaining, and the need to ensure that the agreement was fair and reasonable. The Commission also considered the evidence and submissions presented by the parties.

After considering the evidence and submissions, the Commission found that the provisions in question were necessary and appropriate for the proper operation of the business, and were fair and reasonable. The Commission noted that the agreement contained provisions that addressed issues such as pay and conditions, workplace flexibility, and dispute resolution. The Commission also noted that the agreement had been negotiated in good faith, and that the parties had made genuine efforts to reach an agreement. The Commission approved the agreement, subject to certain modifications.

The final orders of the Commission were that the enterprise agreement be approved, subject to certain modifications. The modifications related to provisions concerning the calculation of penalty rates, and the procedure for resolving disputes. The modifications were designed to ensure that the agreement was fair and reasonable, and to promote high levels of enterprise bargaining. The applicant and the respondents were directed to take all necessary steps to give effect to the approved agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established