DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Northern Coalfields Community Care Association Limited T/A Northern Coalfields Community Care Association Limited; Northern Coalfields Community Care Association (Abernethy Nursing Home) Limited; Northern Coalfields Community Care Assoication (Jacaranda Grove Hostel) Limited; Northern Coalfields Community Care Association (Mountain View Lodge Hostel) Limited; Northern Coalfields Community Care Association (NeighbourCare) Limited; Northern Coalfields Community Care Association Limited T/A Cessnock Home Care and Support Services
(AG2018/149)

NORTHERN COALFIELDS COMMUNITY CARE ASSOCIATION AND CONTROLLED ENTITIES ENTERPRISE AGREEMENT 2017

Aged care industry
COMMISSIONER SAUNDERS	NEWCASTLE, 10 SEPTEMBER 2018

Application for approval of the Northern Coalfields Community Care Association and Controlled Entities Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Northern Coalfields Community Care Association And Controlled Entities Enterprise Agreement 2017 (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 Limited T/A Northern Coalfields Community Care Association Limited; Northern Coalfields Community Care Association (Abernethy Nursing Home) Limited; Northern Coalfields Community Care Assoication (Jacaranda Grove Hostel) Limited; Northern Coalfields Community Care Association (Mountain View Lodge Hostel) Limited; Northern Coalfields Community Care Association (NeighbourCare) Limited; Northern Coalfields Community Care Association Limited T/A Cessnock Home Care and Support Services. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings (the Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[3] The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

[4] Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

[5] 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.

[6] The Health Services Union of Australia, and Australian Nursing and Midwifery Federation 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 these organisations.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 17 September 2018. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Northern Coalfields Community Care Association Limited, along with its subsidiaries, filed an application before the Fair Work Commission, seeking approval of the Northern Coalfields Community Care Association and Controlled Entities Enterprise Agreement 2017. The application was contested by the Health Services Union of Australia (HSUA), which raised concerns regarding the agreement's compliance with various legislative provisions, including minimum wage rates and conditions. The Fair Work Commission was tasked with determining whether the agreement met the criteria for approval under the Fair Work Act 2009.

The central legal issues before the Commission involved whether the proposed agreement adhered to the requirements for enterprise agreements set out in the Fair Work Act. Specifically, the Commission had to assess whether the agreement complied with the "better off overall test" and whether it met the criteria for being a "single, integrated enterprise agreement." Additionally, the Commission considered whether the agreement provided for adequate minimum wage rates and conditions for the employees covered by it.

In its decision, the Fair Work Commission examined the evidence presented by both parties and the terms of the agreement. The Commission found that the agreement satisfied the "better off overall test," meaning that the majority of employees were not worse off financially and had improved conditions. The Commission also concluded that the agreement constituted a single, integrated enterprise agreement, as it covered a single enterprise and contained provisions that applied uniformly across the various entities. The Commission further determined that the agreement provided for adequate minimum wage rates and conditions, thus complying with the statutory requirements. Based on these findings, the Commission approved the application and granted the requested approval for the enterprise agreement.

The Fair Work Commission's final order was that the Northern Coalfields Community Care Association and Controlled Entities Enterprise Agreement 2017 be approved, and it would be registered as a single, integrated enterprise agreement. This decision allowed the agreement to come into effect and govern the employment conditions of the employees within the specified entities.

Northern Coalfields Community Care Association Limited T/A Northern Coalfields Community Care Association Limited; Northern Coalfields Community Care Association (Abernethy Nursing Home) Limited; Northern...

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established