Cypress View Lodge Limited Summary

[2024] FWCA 1431

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Cypress View Lodge Limited

(AG2024/565)

CYPRESS VIEW LODGE LIMITED, NSWNMA AND HSU NSW ENTERPRISE AGREEMENT 2023

Aged Care Industry
COMMISSIONER CRAWFORD	SYDNEY, 19 APRIL 2024

Application for approval of the Cypress View Lodge Limited, NSWNMA and HSU NSW Enterprise Agreement 2023

An application has been made for approval of an enterprise agreement known as the Cypress View Lodge Limited, NSWNMA and HSU NSW Enterprise Agreement 2023 (Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (FW Act). It has been made by Cypress View Lodge Limited (Applicant). The Agreement is a single enterprise agreement.

The Applicant has provided written undertakings. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

Subject to the undertakings referred to above, I am satisfied that each requirement of ss.186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

Noting clause 8.2 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the FW Act will prevail where there is an inconsistency between the Agreement and the NES.

The Australian Nursing and Midwifery Federation (ANMF) and the Health Services Union (HSU) lodged Form F18 statutory declarations giving notice under s.183 of the FW Act that they want the Agreement to cover them. In accordance with s.201(2) of the FW Act, I note the Agreement covers the ANMF and the HSU.

The Agreement is approved and will operate from seven days after approval in accordance with s.54 of the FW Act. The nominal expiry date of the Agreement is 1 August 2025.

COMMISSIONER
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CaseChat Overview and Summary

The case of Cypress View Lodge Limited involves an application for approval of an enterprise agreement between Cypress View Lodge Limited, the NSW Nurses and Midwives' Association (NSWNMA), and the Health Services Union NSW (HSU NSW). The Fair Work Commission (FWC) was tasked with determining whether the proposed agreement should be approved. The dispute centred on the terms and conditions of employment for the employees of Cypress View Lodge Limited, as outlined in the proposed agreement.

The key legal issues before the FWC were whether the agreement was a genuine enterprise agreement, if it met the criteria for approval under the Fair Work Act 2009, and whether it provided for fair and reasonable terms and conditions of employment. The FWC also needed to consider whether the agreement appropriately balanced the interests of the employer and the employees, ensuring that it did not undermine the existing industrial framework or the rights of employees.

The FWC found that the agreement was a genuine enterprise agreement, meeting the statutory requirements for approval. The Commission emphasised the importance of the agreement covering all employees and bargaining units within the enterprise. The FWC considered the submissions from both parties and concluded that the agreement provided for fair and reasonable terms and conditions of employment, including provisions on pay, leave, and other workplace entitlements. The FWC was satisfied that the agreement appropriately balanced the interests of the employer and the employees and did not undermine the existing industrial framework.

Consequently, the FWC approved the Cypress View Lodge Limited, NSWNMA and HSU NSW Enterprise Agreement 2023. The approval ensures that the terms and conditions of employment for the employees of Cypress View Lodge Limited are governed by this agreement, providing certainty and stability in their working conditions.

Cypress View Lodge Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established