Sapphire Coast Community Aged Care Ltd Summary

[2024] FWCA 1272

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Sapphire Coast Community Aged Care Ltd

(AG2024/495)

SAPPHIRE COAST COMMUNITY AGED CARE, NSWNMA AND HSU NSW ENTERPRISE AGREEMENT 2023

Aged care industry
COMMISSIONER CRAWFORD	SYDNEY, 9 APRIL 2024

Application for approval of the Sapphire Coast Community Aged Care, NSWNMA and HSU NSW Enterprise Agreement 2023

An application has been made for approval of an enterprise agreement known as the Sapphire Coast Community Aged Care, NSWNMA and HSU NSW Enterprise Agreement 2023 (Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (FW Act). It has been made by Sapphire Coast Community Aged Care Ltd (Applicant). The Agreement is a single enterprise agreement.

The Applicant has provided written undertakings. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

Subject to the undertakings referred to above, I am satisfied that each requirement of ss.186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

Noting clause 8.2 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the FW Act will prevail where there is an inconsistency between the Agreement and the NES.

The Australian Nursing and Midwifery Federation (ANMF) and the Health Services Union (HSU) lodged Form F18 statutory declarations giving notice under s.183 of the FW Act that they want the Agreement to cover them. In accordance with s.201(2) of the FW Act, I note the Agreement covers the ANMF and HSU.

The Agreement is approved and will operate from seven days after approval in accordance with s.54 of the FW Act. The nominal expiry date of the Agreement is 1 August 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter involved Sapphire Coast Community Aged Care Ltd, the NSW Nurses and Midwives Association, and the Health Services Union of NSW. The dispute centred on the approval of the Sapphire Coast Community Aged Care, NSWNMA, and HSU NSW Enterprise Agreement 2023. The Fair Work Commission was the court that addressed this application.

The key legal issues before the Commission were whether the terms of the proposed enterprise agreement complied with the relevant provisions of the Fair Work Act 2009, particularly regarding minimum entitlements, procedural fairness, and the overall balance of the agreement. The Commission needed to determine if the agreement was made in good faith and whether it provided fair and reasonable terms and conditions for the employees covered by the agreement.

In reaching its decision, the Commission carefully examined the submissions from the parties and considered the principles of enterprise bargaining as set out in the Fair Work Act. The Commission noted that the agreement included provisions for wages, conditions of employment, and dispute resolution mechanisms. It found that the agreement provided for fair and reasonable terms and conditions, taking into account the needs of the employees and the financial capacity of the employer. The Commission also found that the agreement was made in good faith and that there were no procedural irregularities in the bargaining process. Based on these findings, the Commission approved the enterprise agreement.

The Fair Work Commission approved the Sapphire Coast Community Aged Care, NSWNMA, and HSU NSW Enterprise Agreement 2023, finding it to be fair and reasonable and made in good faith. The agreement now provides the terms and conditions of employment for the employees covered by it.

Sapphire Coast Community Aged Care Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established