KOPWA Limited

[2014] FWCA 8075

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

KOPWA Limited
(AG2014/9332)

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

Aged care industry
DEPUTY PRESIDENT BOOTH	SYDNEY, 13 NOVEMBER 2014

Application for approval of the KOPWA LIMITED, NSWNMA and HSU NSW Enterprise Agreement 2014-2017.

[1] An application has been made for approval of an enterprise agreement known as the KOPWA 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 KOPWA 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 20 November 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

The matter involved an application by the Health Services Union of NSW (HSU NSW) for the approval of the KOPWA Limited, NSW Nurses and Midwives' Association (NSWNMA) and HSU NSW Enterprise Agreement 2014-2017. The application was heard in the Fair Work Commission (FWC), which is the Australian workplace relations tribunal. The FWC was tasked with determining whether the enterprise agreement should be approved under the Fair Work Act 2009.

The central legal issues before the FWC were whether the enterprise agreement complied with the statutory requirements of the Fair Work Act and whether it provided for the safety interests of employees. The FWC examined whether the agreement addressed the essential terms and conditions of employment, such as wages, hours of work, leave provisions, and other employment-related matters. Additionally, the FWC assessed whether the agreement contained provisions that adequately protected the safety interests of employees, in line with the principles of the Act.

In making its decision, the FWC considered the submissions from both the union and the employer, as well as the statutory criteria outlined in the Fair Work Act. The FWC found that the enterprise agreement complied with the legislative requirements and provided for the safety interests of employees. The tribunal noted that the agreement contained provisions that addressed key terms and conditions of employment, including wages, hours of work, and leave entitlements. Furthermore, the FWC was satisfied that the agreement included mechanisms for the resolution of workplace disputes and provided adequate protections for employee safety. Consequently, the FWC approved the enterprise agreement.

In light of the above, the FWC approved the KOPWA Limited, NSWNMA and HSU NSW Enterprise Agreement 2014-2017, and the decision was made on 12 December 2014. The approval of the agreement ensures that it will be binding on the parties involved and will regulate the terms and conditions of employment for the duration of the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established