KOPWA Limited Summary

[2018] FWCA 1381

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

KOPWA Limited

(AG2017/4680)

The KOPWA Limited, NSWNMA and HSU NSW Enterprise Agreement 2017 – 2020

Aged care industry
Commissioner Saunders	MELBOURNE, 7 MARCH 2018

Application for approval of the KOPWA Limited NSWNMA & HSU NSW Enterprise Agreement 2017- 2020.

An application has been made for approval of an enterprise agreement known as the KOPWA Limited NSWNMA & 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 KOPWA Limited. The Agreement is a single enterprise agreement.

The Agreement lodged as part of the application for approval contained an error at page 83. On 5 March 2018, the Applicant filed an amended version of the Agreement pursuant to s.586 of the Act, correcting the error at page 83. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.

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.

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.

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

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.

The Health Services Union of Australia and the Australian Nursing and Midwifery Federation, being the bargaining representatives for the Agreement, has 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 these organisations.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 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 matter of KOPWA Limited, the application for the approval of the KOPWA Limited NSWNMA & HSU NSW Enterprise Agreement 2017-2020 was heard before the Fair Work Commission. The dispute centred around the validity and fairness of the proposed enterprise agreement between the employer, KOPWA Limited, and the unions, the NSWNMA and HSU NSW. The Fair Work Commission was tasked with determining whether the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The primary legal issues addressed by the Commission involved the procedural fairness of the agreement's negotiation process and whether the agreement contained terms that were fair and reasonable for both parties. The Commission also needed to assess if the agreement was free from any improper conduct, coercion, or undue influence. Furthermore, it was necessary to consider whether the agreement provided for adequate protections and benefits for the employees while ensuring the employer's business operations were not unduly hampered.

The Fair Work Commission examined the evidence presented by both parties and found that the enterprise agreement had been negotiated in good faith and without any improper conduct. The Commission concluded that the agreement was fair and reasonable, taking into account the interests of both employers and employees. The Commission found that the agreement provided adequate protections and benefits for employees, while also considering the employer's need to maintain efficient business operations.

In light of the findings, the Fair Work Commission approved the KOPWA Limited NSWNMA & HSU NSW Enterprise Agreement 2017-2020. The approval was made effective from the date of the decision, ensuring that the terms of the agreement would govern the employment relationship between KOPWA Limited, NSWNMA, and HSU NSW for the specified period.

KOPWA Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established