DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Woy Woy Community Aged Care T/A BlueWave Living
(AG2014/10079)

WOY WOY COMMUNITY AGED CARE, NSWNMA AND HSU NSW ENTERPRISE AGREEMENT 2014 - 2017.

Aged care industry
DEPUTY PRESIDENT BOOTH	SYDNEY, 9 DECEMBER 2014

Application for approval of the Woy Woy Community Aged Care, NSWNMA and HSU NSW Enterprise Agreement 2014 - 2017.

[1] An application has been made for approval of an enterprise agreement known as the Woy Woy Community Aged Care, 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 Woy Woy Community Aged Care. 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 applicant, Woy Woy Community Aged Care, trading as BlueWave Living, applied to the Fair Work Commission for the approval of the Woy Woy Community Aged Care, NSWNMA and HSU NSW Enterprise Agreement 2014-2017. The dispute arose between the applicant, an aged care provider, and the Health Services Union of NSW (HSU NSW), a union representing employees within the aged care sector. The Fair Work Commission was tasked with examining and approving the proposed enterprise agreement.

The primary legal issues before the Fair Work Commission involved determining whether the enterprise agreement met the requirements set out in the Fair Work Act 2009. This included assessing the agreement for compliance with minimum entitlements, ensuring it was in good faith, and considering whether it provided a safety net for employees. Additionally, the Commission had to ascertain whether the agreement appropriately balanced the interests of both employers and employees, taking into account the specific circumstances of the aged care industry.

The Fair Work Commission deliberated on the proposed enterprise agreement, evaluating its provisions against the statutory framework provided by the Fair Work Act 2009. The Commission found that the agreement generally met the necessary requirements, providing a comprehensive set of terms and conditions that addressed the specific needs of the aged care industry. The Commission approved the agreement, recognising its contribution to maintaining a balanced and fair working environment for employees within the sector.

The Commission's approval of the enterprise agreement was subject to certain conditions and modifications, ensuring that the agreement aligned with the principles of the Fair Work Act 2009. The final orders included the approval of the agreement, contingent upon the applicant implementing the specified conditions and modifications within the stipulated timeframe.

Woy Woy Community Aged Care T/A BlueWave Living

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established