Koonambil Aged Care Ltd

[2024] FWCA 2006

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Koonambil Aged Care Ltd

(AG2024/1573)

KOONAMBIL AGED CARE LIMITED, NSWNMA AND HSU NSW ENTERPRISE AGREEMENT 2023

Aged Care Industry
COMMISSIONER CRAWFORD	SYDNEY, 31 MAY 2024

Application for approval of the Koonambil Aged Care Limited, NSWNMA and HSU NSW Enterprise Agreement 2023

An application has been made for approval of an enterprise agreement known as the Koonambil Aged Care 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 Koonambil Aged Care Ltd (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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the case of Koonambil Aged Care Ltd involved the application for approval of the Koonambil Aged Care Limited, NSWNMA, and HSU NSW Enterprise Agreement 2023. The application was lodged by the employer, Koonambil Aged Care Limited, and the union, Health Services Union NSW (HSU NSW). The agreement was intended to regulate the employment terms and conditions for the workers covered under this enterprise. The dispute centred on whether the terms of the proposed agreement met the requirements of the Fair Work Act 2009 and the Fair Work (Registered Organisations) Act 2009.

The central legal issues for the Commission to determine were whether the agreement contained all the mandatory terms as required by the Fair Work Act 2009 and whether it was fair and reasonable. The Commission also needed to consider whether the agreement had been negotiated in good faith, as stipulated by the Fair Work (Registered Organisations) Act 2009. Additionally, the Commission examined whether the agreement complied with the process requirements for enterprise agreements, including the provision of relevant documents to the Commission and whether proper consultation and negotiation processes were followed.

The Fair Work Commission found that the agreement contained all the mandatory terms as required by the Fair Work Act 2009. The Commission was satisfied that the agreement was fair and reasonable, taking into account the nature of the work and the interests of the employees and employer. The Commission determined that the agreement had been negotiated in good faith and that the consultation and negotiation processes were conducted appropriately. The Commission also confirmed that the agreement complied with the process requirements for enterprise agreements, including the provision of relevant documents. Based on these findings, the Commission approved the Koonambil Aged Care Limited, NSWNMA, and HSU NSW Enterprise Agreement 2023.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established