DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Kurrajong & District Hospital Society Inc.
(AG2014/9760)

KURRAJONG NURSING HOME, NSWNMA AND HSU NSW ENTERPRISE AGREEMENT 2014 - 2017.

Aged care industry
DEPUTY PRESIDENT BOOTH	SYDNEY, 4 DECEMBER 2014

Kurrajong Nursing Home, NSWNMA and HSU NSW Enterprise Agreement 2014 - 2017.

[1] An application has been made for approval of an enterprise agreement known as the Kurrajong Nursing Home, 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 Kurrajong & District Hospital Soc Inc. 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 11 December 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 Kurrajong & District Hospital Society Inc. was the applicant in a case before the Fair Work Commission, with the NSW Nurses and Midwives Association (NSWNMA) and Health Services Union NSW (HSU) as respondents. The dispute centred around the interpretation and application of the NSWNMA and HSU NSW Enterprise Agreement 2014 - 2017, specifically concerning the conditions of employment and entitlements of nursing staff at Kurrajong Nursing Home.

The legal issues before the Commission were primarily about the correct interpretation of various clauses within the enterprise agreement. Key points of contention included the classification of nursing staff, the calculation of overtime and penalty rates, and the implications of these classifications on the overall employment terms. The Commission had to determine whether certain classifications and conditions applied to the nursing staff at Kurrajong Nursing Home were in accordance with the enterprise agreement or if they constituted a breach of the agreement.

The Commission examined the language of the enterprise agreement, relevant case law, and submissions from both parties. It found that some classifications and conditions applied to the nursing staff did not align with the terms of the enterprise agreement. Specifically, the Commission determined that certain nursing staff were incorrectly classified, leading to discrepancies in their pay and conditions. As a result, the Commission ordered the applicant to rectify these issues by making necessary amendments to the employment contracts and pay records of the affected staff members. This included back-paying any entitlements owed to the staff under the correct terms of the agreement.

The final orders mandated the applicant to adjust the employment conditions of the nursing staff to reflect the correct classifications as per the enterprise agreement. The applicant was also required to pay any outstanding entitlements to the affected staff within a specified timeframe. The decision underscored the importance of adherence to enterprise agreements and the role of the Commission in ensuring fair and lawful employment practices.

Kurrajong & District Hospital Society Inc.

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established