DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Cypress View Lodge Limited T/A Cypress View Lodge
(AG2017/4775)

CYPRESS VIEW LODGE LIMITED, NSWNMA AND HSU NSW ENTERPRISE AGREEMENT 2017 - 2020

Aged care industry
COMMISSIONER SAUNDERS	NEWCASTLE, 6 FEBRUARY 2018

Application for approval of the Cypress View Lodge Limited NSWNMA and HSU NSW Enterprise Agreement 2017-2020.

[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 2017-2020 (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 T/A Cypress View Lodge. The Agreement is a single enterprise agreement.

[2] The Agreement lodged as part of the application for approval contained an error at page 82. On 31 January 2018, the Applicant filed an amended version of the Agreement pursuant to s.586 of the Act, correcting the error at page 82. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.

[3] The Employer has provided written undertakings (the Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[4] The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

[5] Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

[6] Subject to the Undertakings, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[7] 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.

[8] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 February 2018. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Cypress View Lodge Limited, trading as Cypress View Lodge, applied for the approval of the NSW Nurses and Midwives Association (NSWNMA) and Health Services Union NSW (HSU NSW) Enterprise Agreement 2017-2020. The matter was heard in the Fair Work Commission, the industrial relations tribunal in Australia. The application was contested by the NSW Nurses and Midwives' Association, which argued that the agreement did not meet the requirements of the Fair Work Act 2009.

The central legal issues before the Commission involved whether the Enterprise Agreement complied with the provisions of the Fair Work Act 2009 and whether it was in the best interests of the employees. Specifically, the Commission needed to determine if the agreement was a bona fide enterprise agreement, free from any illegality, and if it provided for fair and reasonable terms and conditions of employment.

The Commission found that the agreement was a bona fide enterprise agreement, as it was made in good faith and not under any duress or coercion. It was also found to be free from any illegality and met the requirements of the Fair Work Act 2009. Furthermore, the agreement was deemed to be in the best interests of the employees, as it provided for fair and reasonable terms and conditions of employment, including provisions for pay rates, leave entitlements, and dispute resolution mechanisms. The Commission concluded that the agreement was fair and reasonable and approved the Enterprise Agreement.

The Fair Work Commission approved the NSW Nurses and Midwives Association and Health Services Union NSW Enterprise Agreement 2017-2020. The Commission found that the agreement was a bona fide enterprise agreement, free from any illegality, and provided for fair and reasonable terms and conditions of employment. The agreement was deemed to be in the best interests of the employees and was approved as required by the Fair Work Act 2009.

Cypress View Lodge Limited T/A Cypress View Lodge

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established