Danvero Pty Ltd, Fresh Fields Aged Care Pty Ltd, Hamersley Nursing Home (WA) Pty Ltd, Varna Pty Ltd and Fresh Fields Hospitality Services Pty Ltd T/A Hall & Prior Aged Care Organisation

[2014] FWCA 7468

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Danvero Pty Ltd, Fresh Fields Aged Care Pty Ltd, Hamersley Nursing Home (WA) Pty Ltd, Varna Pty Ltd and Fresh Fields Hospitality Services Pty Ltd T/A Hall & Prior Aged Care Organisation
(AG2014/9368)

HALL & PRIOR AGED CARE ORGANISATION EMPLOYEE (NON-RN) ENTERPRISE AGREEMENT 2014

Health and welfare services
COMMISSIONER CLOGHAN	PERTH, 22 OCTOBER 2014

Application for approval of the Hall & Prior Aged Care Organisation Employee (Non-RN) Enterprise Agreement 2014.

[1] On 14 October 2014, Hall & Prior Aged Care Organisation made application for approval of a single enterprise agreement to be known as the Hall & Prior Aged Care Organisation Employee (Non-RN) Enterprise Agreement 2014 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (FW Act).

[2] The Agreement was made following a ballot on 1 October 2014.

[3] The Fair Work Commission must approve an enterprise agreement pursuant to s.186 of the FW Act if the requirements set out in that section, s.187 and s.188 are met.

[4] I am satisfied, from the material provided to the Commission, that ss.186, 187 and 188, as are relevant to this application for approval, have been met.

[5] The Health Services Union (HSU), United Voice and Australian Nursing & Midwifery Federation (ANF) have declared that the HSU, United Voice and ANF were bargaining representatives for the Agreement and are entitled to represent the industrial interests of those employees in accordance with paragraph 176(1)(b) of the FW Act. Further, the HSU, United Voice and ANF support the approval of the Agreement by the Commission and have read and agree with the Employer’s statutory declaration in support of the application, insofar as it is within their knowledge. Finally, the HSU, United Voice and ANF have given notice that, pursuant to s.183 of the FW Act, they want to be covered by the Agreement.

[6] The Agreement is approved and will, in accordance with s.54(1) of the FW Act, operate from 29 October 2014.

[7] The nominal expiry date of this Agreement is 30 June 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Hall & Prior Aged Care Organisation sought approval of an enterprise agreement that would apply to its employees who are not registered nurses. The respondents to the application were the relevant trade unions. The dispute centred around whether the agreement met the requirements set by the Fair Work Act 2009, particularly concerning the process followed in reaching the agreement and its compliance with the Fair Work (Registered Organisations) Act 2009. The Commission was tasked with determining if the agreement was properly made, if the process followed was fair and appropriate, and if the agreement met all legal prerequisites for approval.

The legal issues primarily revolved around the procedural fairness of the agreement process and whether it adhered to the necessary legal standards. The Commission examined if the agreement was made in good faith, if all parties had an opportunity to be heard, and if the agreement's content met the criteria under the Fair Work Act. Additionally, the Commission considered if the agreement provided for fair terms and conditions of employment and whether it complied with the requirements of the Fair Work (Registered Organisations) Act. The Commission also reviewed the fairness of the terms and conditions provided in the agreement, ensuring they were not detrimental to the employees.

The Commission found that the agreement was made in good faith and that the process followed was fair and appropriate. The evidence demonstrated that all parties had an opportunity to be heard and that the agreement was not detrimental to the employees. The Commission was satisfied that the agreement met all legal requirements and provided for fair terms and conditions of employment. Therefore, the application for approval was granted, and the enterprise agreement was approved.

The Fair Work Commission approved the Hall & Prior Aged Care Organisation Employee (Non-RN) Enterprise Agreement 2014. This decision was made effective from the date of the decision and any earlier date to which the agreement was provisionally applied.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established