DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Koonambil Aged Care Ltd
(AG2017/4692)

KOONAMBIL AGED CARE LTD, NSWNMA AND HSU NSW ENTERPRISE AGREEMENT 2017 - 2020

Aged care industry
COMMISSIONER SAUNDERS	NEWCASTLE, 14 MARCH 2018

Application for approval of the Koonambil Aged Care Ltd, NSWNMA and HSU NSW Enterprise Agreement 2017 - 2020.

[1] An application has been made for approval of an enterprise agreement known as the Koonambil Aged Care Ltd, NSWNMA and HSU NSW Enterprise Agreement 2017 - 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Koonambil Aged Care Ltd. The Agreement is a single enterprise agreement.

[2] The Agreement lodged as part of the application for approval contained an error at page 82. On 1 March 2018, the Applicant filed an amended version of the Agreement pursuant to s.586 of the Act, correcting the error at page 82. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.

[3] The Employer has provided written undertakings (the Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[4] The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

[5] Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

[6] Subject to the Undertakings, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[7] The Australian Nursing and Midwifery Federation and the Health Services Union of Australia 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) I note that the Agreement covers the organisations.

[8] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 March 2018. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the case of Koonambil Aged Care Ltd, the applicant sought approval for the Enterprise Agreement between Koonambil Aged Care Ltd, the NSW Nurses and Midwives' Association (NSWNMA), and the Health Services Union NSW (HSU NSW). The agreement in question was for the period of 2017 to 2020. The matter was heard in the Fair Work Commission, Australia's independent industrial relations tribunal.

The primary legal issues that the Commission was required to decide involved whether the agreement met the requirements of the Fair Work Act 2009, particularly in terms of ensuring it provided a safety net for employees, was free from coercion and undue influence, and was otherwise in the best interests of the employees. The Commission also had to consider whether the agreement provided for a fair and reasonable process for resolving disputes between the parties.

The Commission found that the agreement met all necessary criteria. It was deemed to provide a safety net for employees, as it contained provisions for minimum wages and conditions, and was free from coercion and undue influence. The Commission was satisfied that the agreement was in the best interests of the employees, as it provided for a fair and reasonable process for resolving disputes. Accordingly, the Commission approved the agreement.

The Fair Work Commission approved the Enterprise Agreement between Koonambil Aged Care Ltd, the NSW Nurses and Midwives' Association, and the Health Services Union NSW for the period of 2017 to 2020. The Commission found that the agreement met all necessary criteria and was in the best interests of the employees. The agreement was therefore approved.

Koonambil Aged Care Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established