Waratah Respite Centre (Mid North Coast) Inc

[2014] FWCA 8560

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Waratah Respite Centre (Mid North Coast) Inc
(AG2014/9628)

WARATAH RESPITE SERVICES, NSWNMA AND HSU NSW ENTERPRISE AGREEMENT 2014 - 2017

Aged care industry
DEPUTY PRESIDENT BOOTH	SYDNEY, 28 NOVEMBER 2014

Application for approval of the Waratah Respite Services, NSWNMA and HSU NSW Enterprise Agreement 2014 - 2017.

[1] An application has been made for approval of an enterprise agreement known as the Waratah Respite Services, 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 Waratah Respite Centre (Mid North Coast) 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 5 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 Waratah Respite Centre (Mid North Coast) Inc filed an application for the approval of the Waratah Respite Services, NSWNMA and HSU NSW Enterprise Agreement 2014 - 2017 before the Fair Work Commission. The agreement in question outlines the terms and conditions of employment for the employees of the centre, including wages, working conditions, and other employment-related matters. The dispute centred on whether the proposed agreement complied with the requirements of the Fair Work Act 2009 and the Fair Work Regulations 2009, including whether it met the "better off overall test" (BOOT).

The court was required to determine if the agreement provided employees with benefits that were at least as good as what they would receive under the applicable award or registered agreement, and whether the agreement facilitated improved working conditions and job security. Additionally, the court had to ensure that the agreement was made in good faith and that the negotiation process was conducted appropriately.

The Fair Work Commission found that the agreement met all the necessary legal requirements. The court concluded that the proposed agreement provided employees with benefits that were at least as good as those under the applicable award or registered agreement. Furthermore, the agreement facilitated improved working conditions and job security for the employees. The court also found that the agreement was made in good faith and that the negotiation process was conducted appropriately. Consequently, the Fair Work Commission approved the Waratah Respite Services, NSWNMA and HSU NSW Enterprise Agreement 2014 - 2017.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established