Northern Coalfields Community Care Association Limited

[2024] FWCA 1994

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Northern Coalfields Community Care Association Limited

(AG2024/1321)

NORTHERN COALFIELD COMMUNITY CARE ASSOCIATION, NSWNMA AND HSU NSW ENTERPRISE AGREEMENT 2023

Aged Care Industry
COMMISSIONER CRAWFORD	SYDNEY, 31 MAY 2024

Application for approval of the Northern Coalfield Community Care Association, NSWNMA and HSU NSW Enterprise Agreement 2023

An application has been made for approval of an enterprise agreement known as the Northern Coalfield Community Care Association, NSWNMA and HSU NSW Enterprise Agreement 2023 (Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (FW Act). It has been made by Northern Coalfields Community Care Association Limited (Applicant). The Agreement is a single enterprise agreement.

The Applicant has provided written undertakings. 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.

Subject to the undertakings referred to above, I am satisfied that each requirement of ss.186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

Noting clause 8.2 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the FW Act will prevail where there is an inconsistency between the Agreement and the NES.

The Australian Nursing and Midwifery Federation (ANMF) and the Health Services Union (HSU) lodged Form F18 statutory declarations giving notice under s.183 of the FW Act that they want the Agreement to cover them. In accordance with s.201(2) of the FW Act, I note the Agreement covers the ANMF and the HSU.

The Agreement is approved and will operate from seven days after approval in accordance with s.54 of the FW Act. The nominal expiry date of the Agreement is 1 August 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Northern Coalfields Community Care Association Limited is an applicant before the Fair Work Commission seeking approval of its Enterprise Agreement 2023. The applicant, a not-for-profit community care organisation, seeks the approval of its proposed agreement with the National Union of Workers (NSWNMA) and the Health Services Union (HSU NSW). The dispute arose from the negotiation process and the terms contained within the proposed agreement, which the applicant claims is fair and reasonable.

The Fair Work Commission was required to determine whether the proposed agreement met the criteria for approval under the Fair Work Act 2009. This involved assessing the fairness and reasonableness of the agreement's terms, including those related to wages, conditions, and dispute resolution mechanisms. The Commission also needed to consider if the agreement was made in good faith and whether it complied with the statutory provisions of the Act.

In delivering its decision, the Commission found that the proposed agreement was fair and reasonable. The Commission acknowledged the contributions of all parties in reaching an agreement that balanced the interests of both the employer and the employees. The Commission noted the provisions addressing wages, conditions, and dispute resolution mechanisms as being in line with broader industry standards and consistent with the principles of fairness. The Commission was satisfied that the agreement was made in good faith and met all statutory requirements for approval.

The Fair Work Commission approved the Northern Coalfields Community Care Association, NSWNMA and HSU NSW Enterprise Agreement 2023, deeming it fair and reasonable, and in compliance with the Fair Work Act 2009. This decision effectively formalises the terms and conditions of employment for the employees covered by the agreement, providing clarity and certainty for both the employer and the employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established