DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Kanandah Retirement Limited
(AG2014/10106)

KANANDAH RETIREMENT LIMITED, NSWNMA AND HSU NSW ENTERPRISE AGREEMENT 2014 - 2017.

Aged care industry
DEPUTY PRESIDENT BOOTH	SYDNEY, 15 DECEMBER 2014

Application for approval of the Kanandah Retirement Limited, NSWNMA and HSU NSW Enterprise Agreement 2014 - 2017.

[1] An application has been made for approval of an enterprise agreement known as the Kanandah Retirement 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 Kanandah Retirement 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 22 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

Kanandah Retirement Limited, represented by the New South Wales Nurses and Midwives Association (NSWNMA) and the Health Services Union of NSW (HSU NSW), sought approval of their Enterprise Agreement 2014 - 2017 from the Fair Work Commission (FWC). The dispute involved the interpretation and application of the Fair Work Act 2009 and related industrial instruments. The FWC was required to decide whether the proposed agreement met the criteria for approval under the Act and whether it complied with the relevant industrial laws and regulations.

The primary legal issues before the FWC were whether the proposed agreement appropriately balanced the rights and interests of employees and employers, and whether it met the "better off overall test" (BOOT) and other statutory requirements. The FWC had to assess whether the terms of the agreement provided employees with a fair and reasonable outcome, including adequate remuneration, working conditions, and dispute resolution mechanisms. Additionally, the FWC examined whether the agreement contained provisions that were contrary to public policy or otherwise unenforceable.

The FWC found that the proposed agreement was fair and reasonable for the employees and did not contravene any statutory provisions. The Commission determined that the agreement provided for a fair and balanced outcome, meeting the BOOT, and that it complied with all relevant industrial laws and regulations. The FWC emphasised the importance of maintaining a harmonious industrial relations environment and ensuring that the terms of the agreement did not undermine the rights of either party.

As a result, the FWC approved the Enterprise Agreement 2014 - 2017, making it a legally binding instrument between Kanandah Retirement Limited, the NSWNMA, and the HSU NSW. The decision reinforced the importance of the FWC’s role in facilitating fair and balanced industrial relations agreements that adequately protect the interests of both employers and employees.

Kanandah Retirement Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established