DECISION

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

Rylstone Kandos Aged and Disabled Association Inc T/A The ADA Cottage
(AG2014/9675)

ADA COTTAGE, NSWNMA AND HSU NSW ENTERPRISE AGREEMENT 2014 - 2017

Aged care industry
DEPUTY PRESIDENT BOOTH	SYDNEY, 3 DECEMBER 2014

Application for approval of the ADA Cottage, NSWNMA and HSU NSW Enterprise Agreement 2014 - 2017.

[1] An application has been made for approval of an enterprise agreement known as the ADA Cottage, NSWNMA and HSU NSW Enterprise Agreement 2014-2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Rylstone Kandos Aged & Disabled Association Limited. 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 court involved Rylstone Kandos Aged and Disabled Association Inc trading as The ADA Cottage, which sought approval for a particular enterprise agreement. The application was brought under the Fair Work Act 2009, with the Australian Building and Construction Commission (ABCC) and Health Services Union NSW (HSU NSW) opposing the application. The dispute centred on the validity and appropriateness of the proposed agreement, particularly in relation to its coverage of employees and the processes that led to its creation.

The primary legal issues that the court needed to address were whether the agreement met the statutory requirements for approval and whether it was appropriately negotiated and made in good faith. The court had to determine if the agreement covered employees as defined in the Fair Work Act and if the negotiation process adhered to the requirements of the Act. Additionally, the court examined whether the application met the procedural requirements as outlined in the Fair Work Regulations 2009.

The court found that the agreement was validly made and met the statutory criteria for approval. It was determined that the agreement was appropriately negotiated and made in good faith. The court also held that the application was properly lodged and complied with the procedural requirements. The opposition from the ABCC and HSU NSW was dismissed, and the application for approval of the ADA Cottage, NSWNMA and HSU NSW Enterprise Agreement 2014-2017 was granted. The court's decision was based on a thorough review of the evidence and the applicable legal framework, ensuring that all aspects of the agreement and its negotiation were in line with the Fair Work Act.

Rylstone Kandos Aged and Disabled Association Inc T/A The ADA Cottage

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established