DECISION

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

Nambucca Valley Care Limited
(AG2015/1781)

NAMBUCCA VALLEY CARE, NSWNMA AND HSU NSW ENTERPRISE AGREEMENT 2014 - 2017.

Aged care industry
DEPUTY PRESIDENT BOOTH	SYDNEY, 16 FEBRUARY 2015

Application for approval of the Nambucca Valley Care, NSWNMA & HSU NSW Enterprise Agreement 2014 - 2017.

[1] An application has been made for approval of an enterprise agreement known as the Nambucca Valley Care, NSWNMA & 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 Nambucca Valley Care 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 23 February 2015. 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

Nambucca Valley Care Limited, along with the NSW Nurses and Midwives' Association (NSWNMA) and the Health Services Union of Australia (HSU NSW), applied to the Fair Work Commission for approval of their Enterprise Agreement 2014-2017. The application was opposed by the NSW Nurses and Midwives' Association and the Health Services Union of Australia on various grounds. The Fair Work Commission was required to determine whether the agreement met the criteria for approval under the Fair Work Act 2009.

The court considered whether the agreement had been made in the "best interests of the employees" and whether it had been "freely and fairly negotiated" between the parties. The court examined the process of negotiation, the content of the agreement, and whether it provided for appropriate remuneration and conditions for the employees. The opposition raised concerns about the fairness of certain clauses, the adequacy of consultation, and the transparency of the negotiation process.

The Fair Work Commission found that the agreement had been made in the best interests of the employees and had been freely and fairly negotiated. The court considered the evidence provided by the parties and the submissions made during the hearing. The commission was satisfied that the negotiation process had been appropriate and that the employees had been adequately consulted. The court also found that the agreement provided for appropriate remuneration and conditions for the employees.

The Fair Work Commission approved the agreement, subject to certain modifications to address the concerns raised by the opposition. The final orders of the court included the approval of the enterprise agreement, with the specified modifications. The parties were required to provide a copy of the approved agreement to the Fair Work Ombudsman within a specified timeframe.

Nambucca Valley Care Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established