DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Hahndorf Holdings Pty Ltd T/A Hahndorf Residential Care Services
(AG2019/150)

INFINITE AGED CARE - SA AND AUSTRALIAN NURSING AND MIDWIFERY FEDERATION - ANMF-SA NURSING EMPLOYEES ENTERPRISE AGREEMENT 2018.

Aged care industry
COMMISSIONER PLATT	ADELAIDE, 16 MAY 2019

Application for approval of the Infinite Aged Care – SA and Australian Nursing and Midwifery Federation – ANMF- SA Nursing Employees Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Infinite Aged Care – SA and Australian Nursing and Midwifery Federation – ANMF- SA Nursing Employees Enterprise Agreement 2018 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Hahndorf Holdings Pty Ltd T/A Hahndorf Residential Care Services. The agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 2 April 2019.

[3] On 15 April and 15 May 2019, I conducted conferences with the parties to seek clarification about aspects of the Agreement and invited the Applicant to address these matters including the provision of an undertaking.

[4] The Applicant has submitted an undertaking in the required form dated 9 May 2019. The undertaking deals with the following topics:

• The Applicant has inserted a National Employment Standards (NES) precedence clause.

• The definition of a shift worker will be for the purposes of the NES.

• Additional provisions concerning Time off in lieu (TOIL) have been inserted into clause 6.3.2(c) of the Agreement.

• Clause 7.10.3 of the Agreement shall no longer apply.

• A reconciliation process for registered nurse classifications 4 and 5 who work Saturday or Sunday shifts has been inserted, as well as a provision that confirms that such periods will accrue annual leave at the rate of six weeks per annum.

• The rates of pay for casual employees who work on Saturday or Sunday have been increased.

[5] A copy of the undertaking has been provided to the bargaining representatives and I have sought their views in accordance with s.190(4) of the Act. The bargaining representatives that responded, supported the undertaking.

[6] The undertaking appears to meet the requirements of s.190(3) of the Act and I have accepted it. As a result, the undertakings are taken to be a term of the Agreement.

[7] The “Australian Nursing and Midwifery Federation (ANMF)” being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers this organisation.

[8] I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

[9] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days from the date of approval of the Agreement. The nominal expiry date is 23 May 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Australian Industrial Relations Commission involved Hahndorf Holdings Pty Ltd, trading as Hahndorf Residential Care Services, and the Australian Nursing and Midwifery Federation – SA. The primary dispute centred around the approval of the Infinite Aged Care – SA and Australian Nursing and Midwifery Federation – SA Nursing Employees Enterprise Agreement 2018. The Applicant sought to have the agreement certified as meeting the requirements for a single-enterprise agreement, which would then apply to its nursing employees.

The legal issues before the commission included whether the agreement complied with the Fair Work Act 2009, specifically in relation to the certification process and the requirements for a single-enterprise agreement. It was crucial to determine if the agreement had been made in good faith, whether it addressed the needs of the nursing employees, and if it adhered to the provisions of the Act. Additionally, the commission needed to assess whether there were any procedural irregularities in the negotiation and making of the agreement.

The commission examined the evidence and submissions from both parties and concluded that the agreement met the necessary requirements for certification. The Applicant had demonstrated that the agreement was made in good faith and addressed the needs of the nursing employees. Furthermore, the commission found that the agreement adhered to the provisions of the Fair Work Act 2009 and that there were no procedural irregularities. Consequently, the commission approved the agreement, making it a single-enterprise agreement effective from the date of the decision.

The commission ordered that the Infinite Aged Care – SA and Australian Nursing and Midwifery Federation – SA Nursing Employees Enterprise Agreement 2018 be certified as meeting the requirements for a single-enterprise agreement, effective from the date of the decision. The agreement would then apply to the nursing employees of Hahndorf Holdings Pty Ltd, trading as Hahndorf Residential Care Services.

Hahndorf Holdings Pty Ltd T/A Hahndorf Residential Care Services

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established