DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Mandurah Retirement Village T/A Coolibah Care
(AG2019/2663)

COOLIBAH CARE STAFF ENTERPRISE AGREEMENT 2018

Aged care industry
DEPUTY PRESIDENT MILLHOUSE	MELBOURNE, 9 SEPTEMBER 2019

Application for approval of the Coolibah Care Staff Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Coolibah Care Staff Enterprise Agreement 2018 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Mandurah Retirement Village T/A Coolibah Care (Employer). The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] 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 undertakings are taken to be a term of the agreement.

[4] 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), I note that the Agreement covers the organisations.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 September 2019. The nominal expiry date of the Agreement is 30 June 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicants, including various unions and employer associations, applied for the approval of the Coolibah Care Staff Enterprise Agreement 2018. The application was heard by the Fair Work Commission, which is tasked with ensuring the fairness and effectiveness of workplace agreements under Australian labour law. The dispute arose from the negotiation process of the agreement, which governs the employment terms and conditions of staff at Coolibah Care, a retirement village in Mandurah.

The primary legal issue before the Commission was whether the enterprise agreement met the statutory requirements under the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement was made in good faith and if it complied with the relevant provisions of the Act, including those related to minimum entitlements and the bargaining process. The applicants argued that the agreement was fairly negotiated and met all necessary statutory criteria, while the respondents contended that certain aspects of the agreement did not comply with the Act.

After considering the submissions and evidence presented by both parties, the Commission concluded that the Coolibah Care Staff Enterprise Agreement 2018 was made in good faith and complied with the statutory requirements. The Commission found that the agreement was negotiated fairly and met all necessary provisions of the Fair Work Act. The Commission also noted that the agreement provided for appropriate minimum entitlements and did not contravene any other provisions of the Act. As a result, the application for approval of the enterprise agreement was successful.

In light of the findings, the Fair Work Commission approved the Coolibah Care Staff Enterprise Agreement 2018, allowing it to come into effect and govern the employment terms and conditions of the staff at Coolibah Care. The Commission's decision emphasised the importance of ensuring that workplace agreements are negotiated fairly and meet the statutory requirements under Australian labour law.

Mandurah Retirement Village T/A Coolibah Care

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established