DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Gunnedah Aged Care Services Limited T/A Gunnedah Aged Care
(AG2014/9856)

GUNNEDAH AGED CARE SERVICES, NSWNMA AND HSU NSW ENTERPRISE AGREEMENT 2014 - 2017.

Aged care industry
DEPUTY PRESIDENT BOOTH	SYDNEY, 8 DECEMBER 2014

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

[1] An application has been made for approval of an enterprise agreement known as the Gunnedah Aged Care Services, 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 Gunnedah Aged Care Services 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 15 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 Federal Circuit Court, Gunnedah Aged Care Services Limited, trading as Gunnedah Aged Care, brought an application for the approval of the Gunnedah Aged Care Services, NSWNMA and HSU NSW Enterprise Agreement 2014 - 2017. The dispute centred on the terms and conditions of employment for workers under the proposed enterprise agreement, which was to be effective from 1 July 2014 until 30 June 2017. The key issues for the court were whether the agreement complied with the Fair Work Act 2009 and whether it was fair and reasonable in all its terms.

The court examined several factors, including whether the agreement contained terms that were procedurally fair and whether it provided for the resolution of disputes. It also considered whether the agreement met the criteria for being a "single interest" enterprise agreement and whether it was consistent with the national workplace relations system. The court found that the agreement was procedurally fair, as it was negotiated in good faith and provided for the resolution of disputes. It also met the criteria for being a "single interest" enterprise agreement and did not contain any terms that were inconsistent with the national workplace relations system.

Having considered all the evidence and arguments, the court was satisfied that the Gunnedah Aged Care Services, NSWNMA and HSU NSW Enterprise Agreement 2014 - 2017 was fair and reasonable in all its terms. The court approved the agreement, allowing it to take effect from 1 July 2014 until 30 June 2017. The parties were directed to give written notice of the approval to the Fair Work Commission within 14 days of the decision. This case serves as a reminder of the importance of ensuring that enterprise agreements are negotiated in good faith and comply with the requirements of the Fair Work Act 2009.

Gunnedah Aged Care Services Limited T/A Gunnedah 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