DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Uralba (Carcoar) Inc. T/A Uralba Retirement Village
(AG2014/9948)

URALBA (CARCOAR) INC., NSWNMA AND HSU NSW ENTERPRISE AGREEMENT 2014 - 2017

Aged care industry
DEPUTY PRESIDENT BOOTH	SYDNEY, 9 DECEMBER 2014

Application for approval of the Uralba (Carcoar) Inc., NSWNMA and HSU NSW Enterprise Agreement 2014 - 2017.

[1] An application has been made for approval of an enterprise agreement known as the Uralba (Carcoar) Inc., 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 Uralba (Carcoar) Inc. 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 16 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 parties to the case were Uralba (Carcoar) Inc., the NSW Nurses and Midwives' Association, and the Health Services Union of Australia, all of which were represented by their respective bargaining agents. The matter was brought before the Fair Work Commission with the aim of obtaining approval for the Enterprise Agreement 2014-2017. The applicants sought to have the agreement recognised as a lawful and binding document that would govern the employment terms and conditions for their employees.

The primary legal issue the Court was required to decide was whether the Enterprise Agreement 2014-2017 complied with the relevant provisions of the Fair Work Act 2009. This involved examining the agreement's conformity with the statutory requirements, including the provisions relating to the good faith bargaining, the coverage of the agreement, and the provisions regarding the minimum entitlements of employees. The Court also had to determine whether the agreement met the criteria for being a "better off overall" agreement, ensuring that employees would not be worse off as a result of the agreement.

After thorough consideration of the arguments presented by the parties, the Court found that the Enterprise Agreement 2014-2017 complied with the relevant provisions of the Fair Work Act 2009. The Court concluded that the agreement had been negotiated in good faith and that it covered the appropriate bargaining unit. The Court also found that the agreement provided for minimum entitlements that were not less favourable than those provided by the applicable award or the safety net. Furthermore, the Court determined that the agreement met the "better off overall" test, as it offered employees a combination of financial and non-financial benefits that outweighed any potential disadvantages.

As a result of the Court's decision, the Uralba (Carcoar) Inc., NSWNMA and HSU NSW Enterprise Agreement 2014-2017 was approved and registered as a lawful and binding document. The agreement now governs the employment terms and conditions for the employees of Uralba (Carcoar) Inc., providing them with a comprehensive framework for their workplace rights and obligations.

Uralba (Carcoar) Inc. T/A Uralba Retirement Village

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established