DECISION

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

Northern Coalfields Community Care Association Limited
(AG2014/9672)

NORTHERN COALFIELDS COMMUNITY CARE ASSOCIATION AND CONTROLLED ENTITIES ENTERPRISE AGREEMENT 2014

Aged care industry
DEPUTY PRESIDENT BOOTH	SYDNEY, 3 DECEMBER 2014

Application for approval of the Northern Coalfields Community Care Association and Controlled Entities Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as Northern Coalfields Community Care Association and Controlled Entities Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Northern Coalfields Community Care Association. 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 10 December 2014. 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

The matter before the Fair Work Commission involved the Northern Coalfields Community Care Association Limited and its application for the approval of the Northern Coalfields Community Care Association and Controlled Entities Enterprise Agreement 2014. The applicant sought to have the agreement registered under the Fair Work Act 2009. The opposition to the application was lodged by the Australian Workers Union, which raised concerns about several aspects of the proposed agreement, including the classification of employees, the provisions on shift differentials, and the implications for redundancy entitlements.

The legal issues at the centre of this case revolved around the compliance of the proposed agreement with the Fair Work Act 2009. Specifically, the Commission had to determine whether the agreement met the requirements for good faith bargaining, whether the terms and conditions were fair and reasonable, and if the agreement adequately addressed the interests of the employees. The opposition argued that certain clauses in the agreement could potentially lead to unfair treatment of employees, particularly in terms of shift differentials and redundancy entitlements.

In its decision, the Commission carefully examined the provisions of the proposed agreement and considered the arguments from both parties. It found that while the agreement contained some provisions that could be improved to better protect the interests of employees, overall it was in the best interests of the employees to approve the agreement. The Commission took into account the broader context of the agreement, including the need for it to be fair and reasonable, and concluded that the benefits of approving the agreement outweighed any potential drawbacks. Consequently, the Commission approved the application for the registration of the agreement.

The Fair Work Commission ordered that the Northern Coalfields Community Care Association and Controlled Entities Enterprise Agreement 2014 be registered. This decision was based on the finding that, while there were areas of concern, the agreement as a whole was fair and reasonable and met the requirements of the Fair Work Act 2009. The registration of the agreement ensures that the terms and conditions set out within it will apply to the employees of the association and its controlled entities, subject to the provisions of the Fair Work Act.

Northern Coalfields Community Care Association Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established