Kilbandon Pty Ltd

[2014] FWCA 6971

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Kilbandon Pty Ltd
(AG2014/8846)

KILBANDON PTY LTD (TRADING AS COOGEE AGED CARE), ANMF AND HSU ENTERPRISE AGREEMENT 2014

Aged care industry
COMMISSIONER JOHNS	MELBOURNE, 3 OCTOBER 2014

Application for approval of the Kilbandon Pty Ltd (trading as Coogee Aged Care), ANMF and HSU Enterprise Agreement 2014.

[1] On 2 September 2014 Kilbandon Pty Ltd (Applicant) made an application for approval of the Kilbandon Pty Ltd (trading as Coogee Aged Care), ANMF and HSU Enterprise Agreement 2014 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single-enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] The Commission is 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 Australian Nursing and Midwifery Federation and Health Services Union, 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), the Commission notes that the Agreement covers these organisations.

[5] The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 10 October 2014. The nominal expiry date of the Agreement is 31 May 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In this case, Kilbandon Pty Ltd, trading as Coogee Aged Care, the Australian Nursing and Midwifery Federation (ANMF), and the Health Services Union (HSU) sought the court's approval for the Kilbandon Pty Ltd (trading as Coogee Aged Care), ANMF and HSU Enterprise Agreement 2014. The dispute arose from disagreements about the terms and conditions of the agreement, which governs the employment of certain employees within the aged care sector. The decision was made by the Fair Work Commission, a specialist industrial relations tribunal in Australia.

The legal issues before the court involved whether the terms and conditions outlined in the enterprise agreement were fair and reasonable for the employees, and whether the agreement complied with the requirements of the Fair Work Act 2009. The court needed to assess if the agreement was genuinely negotiated between the employer and the union representatives and whether it covered all necessary matters as per the legislation. The court also considered if the agreement met the "better off overall test," ensuring that employees were not worse off financially under the new agreement.

The Fair Work Commission found that the agreement was fairly negotiated, met all statutory requirements, and passed the better off overall test. The commission detailed its reasoning, emphasising the thoroughness of the negotiation process and the comprehensiveness of the agreement's terms. The commission concluded that the agreement was fair and reasonable, and therefore approved it. The final orders confirmed the approval of the enterprise agreement, which would now govern the employment conditions of the relevant employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established