Timbrebongie House Inc

[2014] FWCA 8186

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Timbrebongie House Inc
(AG2014/9376)

TIMBREBONGIE HOUSE, NSWNMA AND HSU NSW ENTERPRISE AGREEMENT 2014 - 2017.

Aged care industry
DEPUTY PRESIDENT BOOTH	SYDNEY, 18 NOVEMBER 2014

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

[1] An application has been made for approval of an enterprise agreement known as the Timbrebongie House, 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 Timbrebongie House Incorporated. 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 25 November 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 parties involved in this case were Timbrebongie House Inc, the NSW Nurses and Midwives' Association (NSWNMA), and the Health Services Union NSW (HSU NSW). The dispute was regarding the application for the approval of the Timbrebongie House, NSWNMA and HSU NSW Enterprise Agreement 2014 - 2017. The case was heard in the Fair Work Commission.

The legal issues that the court had to decide involved the interpretation of the Fair Work Act 2009 and the Fair Work Regulations 2009. The primary issue was whether the agreement met the criteria for approval under the Act and Regulations. This included whether the agreement was made in good faith, provided for the rights and obligations of the parties, and was appropriate for the purposes of the agreement.

The court found that the agreement was made in good faith and provided for the rights and obligations of the parties. The court also found that the agreement was appropriate for the purposes of the agreement. The court was satisfied that the agreement met all the criteria for approval under the Fair Work Act 2009 and the Fair Work Regulations 2009. The application for the approval of the Timbrebongie House, NSWNMA and HSU NSW Enterprise Agreement 2014 - 2017 was approved. No further orders were made.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established