DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Denman & District Retirement Centre Association Inc T/A Denman Aged Care
(AG2014/9664)

DENMAN AGED CARE, NSWNMA AND HSU NSW ENTERPRISE AGREEMENT 2014 - 2017

Aged care industry
DEPUTY PRESIDENT BOOTH	SYDNEY, 3 DECEMBER 2014

Application for approval of the Denman Aged Care, NSWNMA and HSU NSW Enterprise Agreement 2014-2017.

[1] An application has been made for approval of an enterprise agreement known as the Denman Aged Care, 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 Denman & District Retirement Centre Association Incorporated. 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 10 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

The Denman & District Retirement Centre Association Inc, trading as Denman Aged Care, applied for the approval of the Denman Aged Care, NSWNMA and HSU NSW Enterprise Agreement 2014-2017. The applicant sought the approval of the Fair Work Commission (FWC), which was contested by the Australian Nursing and Midwifery Federation (ANMF). The matter was heard in the FWC, which needed to determine whether the agreement complied with the relevant legislative framework.

The primary legal issues before the FWC were whether the agreement was a "single interest" enterprise agreement and whether it had been made "in good faith" and "free of coercion." A "single interest" enterprise agreement requires that it cover employees with a single interest, and the FWC examined whether the agreement appropriately defined the workforce it covered. Additionally, the FWC had to consider if the agreement was made in good faith, which involves examining whether the parties genuinely negotiated and reached an agreement without undue influence or pressure.

The FWC found that the agreement was a "single interest" enterprise agreement as it covered employees with a common interest within the aged care sector. The FWC also concluded that the agreement had been made in good faith, as there was evidence of genuine negotiations and the absence of coercion. The FWC considered the process undertaken by the parties and the context in which the agreement was formed, ultimately finding that the agreement met the necessary standards.

The FWC approved the Denman Aged Care, NSWNMA and HSU NSW Enterprise Agreement 2014-2017, determining that it complied with the relevant legislative requirements. The agreement was deemed to be a "single interest" enterprise agreement and was made in good faith, free of coercion. The FWC's decision effectively validated the agreement, allowing it to be implemented between the parties involved.

Denman & District Retirement Centre Association Inc T/A Denman Aged Care

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established