DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Sapphire Coast Community Aged Care Ltd
(AG2017/4659)

SAPPHIRE COAST COMMUNITY AGED CARE LTD, NSWNMA AND HSU NSW ENTERPRISE AGREEMENT 2017 - 2020

Aged care industry
COMMISSIONER SAUNDERS	NEWCASTLE, 15 MARCH 2018

Application for approval of the Sapphire Coast Community Aged Care Ltd, NSWNMA and HSU NSW Enterprise Agreement 2017 - 2020.

[1] An application has been made for approval of an enterprise agreement known as the Sapphire Coast Community Aged Care Ltd, NSWNMA and HSU NSW Enterprise Agreement 2017 - 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Sapphire Coast Community Aged Care Ltd. The Agreement is a single enterprise agreement.

[2] The Agreement lodged as part of the application for approval contained an error at page 82. On 15 March 2018, the Applicant filed an amended version of the Agreement pursuant to s.586 of the Act, correcting the error at page 82. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.

[3] 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.

[4] 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.

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

[6] 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.

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

[8] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 March 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 matter before the Fair Work Commission involved Sapphire Coast Community Aged Care Ltd, the NSW Nurses and Midwives Association, and the Health Services Union NSW. The dispute centred around the approval of the Sapphire Coast Community Aged Care Ltd, NSWNMA and HSU NSW Enterprise Agreement 2017-2020. The Commission was tasked with determining whether the agreement should be approved as a registered agreement, and if it should be registered as an interim agreement pending a decision on its registration.

The primary legal issues addressed by the Commission were whether the agreement complied with the relevant sections of the Fair Work Act 2009 and whether it met the criteria for registration. This involved examining if the agreement had been genuinely negotiated between the parties, if it contained appropriate dispute resolution procedures, and if it complied with the good faith bargaining requirements. The Commission also needed to consider whether the agreement provided fair and reasonable terms and conditions of employment for the employees covered by the agreement.

In delivering its decision, the Commission examined the negotiation process, the contents of the agreement, and the submissions made by the parties. It found that the agreement had been genuinely negotiated and contained appropriate dispute resolution procedures. The Commission also determined that the agreement met the good faith bargaining requirements and provided fair and reasonable terms and conditions of employment. Consequently, the Commission approved the agreement and registered it as a registered agreement under the Fair Work Act 2009.

The final orders of the Commission were that the Sapphire Coast Community Aged Care Ltd, NSWNMA and HSU NSW Enterprise Agreement 2017-2020 be approved as a registered agreement and that it be registered as such under the Fair Work Act 2009. The agreement was to be registered from the date of the decision, and the parties were directed to take all necessary steps to give effect to the registered agreement.

Sapphire Coast Community Aged Care Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established