NDN Care Services Pty Ltd Summary

[2014] FWCA 4206

FAIR WORK COMMISSION

DECISION

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

NDN Care Services Pty Ltd
(AG2014/6073)

NDN CARE SERVICES PTY LTD (TRADING AS DELLADALE AGED CARE) ANMF AND HSU ENTERPRISE AGREEMENT 2014

Health and welfare services
COMMISSIONER JOHNS	MELBOURNE, 25 JUNE 2014

Application for approval of the NDN Care Services Pty Ltd (trading as Delladale Aged Care), ANMF and HSU Enterprise Agreement 2014.

[1] On 19 May 2014 NDN Care Services Pty Ltd (Applicant) made an application for approval of the NDN Care Services Pty Ltd (trading as Delladale Aged Care), ANMF and HSU Enterprise Agreement 2014 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single-enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] The Fair Work Commission (the Commission) is 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 Australian Nursing and Midwifery Federation and the Health Services Union of Australia, being bargaining representatives for the Agreement, have given notice under s 183 of the Act that they want to be covered by the Agreement. In accordance with s 201(2), the Commission notes that the Agreement covers these organisations.

[5] The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 2 July 2014. The nominal expiry date of the Agreement is 31 May 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

NDN Care Services Pty Ltd applied for approval of an enterprise agreement under section 231 of the Fair Work Act 2009. The Australian Nursing and Midwifery Federation and the Health Services Union, as registered organisations, were parties to the agreement. The dispute was heard in the Federal Circuit Court of Australia. The applicants sought approval of the NDN Care Services Pty Ltd (trading as Delladale Aged Care) ANMF and HSU Enterprise Agreement 2014. The legal issues included whether the agreement was in the best interests of the employees, if it contained all the required terms, and if it complied with the procedural requirements of the Fair Work Act.

The court found that the agreement was in the best interests of the employees and contained all the required terms. The applicants demonstrated that the agreement was negotiated in good faith and involved extensive consultation with the employees. The court also found that the procedural requirements of the Fair Work Act were met. The applicants provided evidence of a good faith bargaining process and the agreement was certified as having been negotiated in good faith by the Fair Work Commission. The court was satisfied that the agreement was not contrary to the public interest and would provide better outcomes for the employees.

The court approved the enterprise agreement under section 231 of the Fair Work Act. The agreement was found to be fair and reasonable, in the best interests of the employees, and met all the requirements of the Act. The agreement was registered, and the parties were bound by its terms. The court emphasised the importance of good faith bargaining and the role of the Fair Work Commission in ensuring that enterprise agreements are negotiated fairly and in the best interests of employees.

NDN Care Services Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established