Mandurah Retirement Village Inc T/A Coolibah Total Caring

[2014] FWCA 7525

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Mandurah Retirement Village Inc T/A Coolibah Total Caring
(AG2014/9246)

COOLIBAH TOTAL CARING STAFF ENTERPRISE AGREEMENT 2014

Aged care industry
COMMISSIONER HAMPTON	ADELAIDE, 22 OCTOBER 2014

Application for approval of the Coolibah Total Caring Staff Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Coolibah Total Caring Staff Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Mandurah Retirement Village Inc T/A Coolibah Total Caring. The Agreement is a single-enterprise agreement.

[2] 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.

[3] The Australian Nursing and Midwifery Federation and United Voice, 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 the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 October 2014. The nominal expiry date of the Agreement is 30 June 2017.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Mandurah Retirement Village Inc, trading as Coolibah Total Caring, applied for the approval of the Coolibah Total Caring Staff Enterprise Agreement 2014. The matter was heard in the Fair Work Commission. The primary issue before the Commission was whether the proposed enterprise agreement met the statutory requirements under the Fair Work Act 2009, specifically whether it contained the mandated minimum terms and conditions, and whether it was in the best interests of the employees.

The Commission considered the provisions of the Fair Work Act, particularly focusing on the mandated minimum terms and conditions that must be included in an enterprise agreement. It examined the content of the proposed agreement to ensure it complied with these statutory requirements and assessed whether the agreement would serve the best interests of the employees by considering factors such as fairness, practicality, and the balance of benefits and obligations. The Commission concluded that the agreement met all the necessary statutory requirements and was in the best interests of the employees, taking into account the comprehensive consultation process and the overall fairness of the terms.

Consequently, the Fair Work Commission approved the Coolibah Total Caring Staff Enterprise Agreement 2014. This decision was made on the basis that the agreement adhered to the mandated minimum terms and conditions, and it was deemed to be fair and reasonable for the employees. The approval signifies that the agreement is now legally binding on all parties involved.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established