Warrigal Care Pty Ltd

[2014] FWCA 7452

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Warrigal Care Pty Ltd
(AG2014/7410)

WARRIGAL AND NSW NURSES AND MIDWIVES’ ASSOCIATION, AUSTRALIAN NURSING AND MIDWIFERY FEDERATION NSW BRANCH, AND HEALTH SERVICES UNION NSW BRANCH ENTERPRISE AGREEMENT 2014.

Aged care industry
DEPUTY PRESIDENT BOOTH	SYDNEY, 21 OCTOBER 2014

Application for approval of the Warrigal and NSW Nurses and Midwives’ Association, Australian Nursing and Midwifery Federation NSW Branch, and Health Services Union NSW Branch Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Warrigal and NSW Nurses and Midwives’ Association, Australian Nursing and Midwifery Federation NSW Branch, and Health Services Union NSW Branch Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Warrigal Care Pty Ltd. 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 28 October 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 case before the Fair Work Commission was an application for the approval of an enterprise agreement, specifically the Warrigal and NSW Nurses and Midwives’ Association, Australian Nursing and Midwifery Federation NSW Branch, and Health Services Union NSW Branch Enterprise Agreement 2014. The applicant, Warrigal Care Pty Ltd, sought to have this agreement, which was negotiated between the employer and various unions representing the employees, approved as a registered agreement under the Fair Work Act 2009.

The primary legal issues before the Commission were whether the agreement met the formal requirements for approval under the Act and whether the agreement was in the interests of the employees. The Commission had to consider whether the agreement had been made in good faith and whether it contained the necessary minimum terms and conditions as stipulated by the Act. Additionally, the Commission needed to determine if the agreement provided a safety net for employees, ensuring they were not disadvantaged compared to their pre-agreement terms.

The Commission found that the agreement satisfied the formal requirements for approval, including the participation of the relevant unions and the provision of necessary documentation. The Commission also determined that the agreement contained all the required minimum terms and conditions and provided a safety net for the employees, ensuring they were not worse off than before. Consequently, the Commission approved the enterprise agreement, finding it to be in the interests of the employees and compliant with the legislative framework.

The Fair Work Commission approved the Warrigal and NSW Nurses and Midwives’ Association, Australian Nursing and Midwifery Federation NSW Branch, and Health Services Union NSW Branch Enterprise Agreement 2014 as a registered agreement under the Fair Work Act 2009. The Commission's decision was based on the finding that the agreement met all formal requirements, contained the necessary minimum terms and conditions, and provided a safety net for the employees. The approval of this agreement allows it to be in effect, governing the employment terms and conditions for the relevant employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established