Primary Caring Pty Ltd T/A Cumberland Manor Summary

[2014] FWCA 6116

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Primary Caring Pty Ltd T/A Cumberland Manor
(AG2014/8634)

PRIMARY CARING PTY LTD (TRADING AS CUMBERLAND MANOR), ANMF AND HSU ENTERPRISE AGREEMENT 2014

Aged care industry
COMMISSIONER JOHNS	MELBOURNE, 3 SEPTEMBER 2014

Application for approval of the Primary Caring Pty Ltd (trading as Cumberland Manor), ANMF and HSU Enterprise Agreement 2014.

[1] On 13 August 2014 Primary Caring Pty Ltd T/A Cumberland Manor (Applicant) made an application for approval of the Primary Caring Pty Ltd (trading as Cumberland Manor), 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 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 Health Services Union, 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), 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 10 September 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

Primary Caring Pty Ltd (trading as Cumberland Manor) applied to the Fair Work Commission for the approval of the Enterprise Agreement 2014. The Australian Nursing and Midwifery Federation (ANMF) and the Health Services Union (HSU) were involved in the negotiations on behalf of the employees. The application was made under section 232 of the Fair Work Act 2009. The dispute centred on whether the proposed Enterprise Agreement met the criteria for approval as a single, direct, and fair agreement.

The legal issues before the Commission were whether the Enterprise Agreement was a genuine bargain between the parties, whether it included all the mandatory terms required by the Fair Work Act, and whether the agreement would have a direct and positive effect on the employees' working conditions. Additionally, the Commission needed to assess if the process of negotiation was conducted in good faith and whether the agreement was fair and reasonable.

The Fair Work Commission found that the Enterprise Agreement was a genuine bargain, as it was negotiated in good faith and included all the mandatory terms required by the Fair Work Act. The Commission determined that the agreement would have a direct and positive effect on the employees' working conditions, as it provided for improved wages, better leave entitlements, and enhanced health and safety provisions. The Commission approved the Enterprise Agreement under section 232 of the Fair Work Act 2009.

The Commission made an order approving the Primary Caring Pty Ltd (trading as Cumberland Manor) ANMF and HSU Enterprise Agreement 2014 as a single, direct, and fair agreement. The agreement was approved and registered with the Fair Work Commission on the date of the decision. The approval is effective from the date specified in the agreement and will remain in force until the next agreement is negotiated and approved.

Primary Caring Pty Ltd T/A Cumberland Manor

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established