DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Hakea Holdings Pty Ltd T/A Hakea Group
(AG2015/3010)

HAKEA GROUP, NSWNMA AND HSU NSW ENTERPRISE AGREEMENT 2014-2017

Aged care industry
COMMISSIONER SIMPSON	BRISBANE, 30 JUNE 2015

Application for approval of the Hakea Group, NSWNMA and HSU NSW Enterprise Agreement 2014-2017.

[1] An application has been made for approval of an enterprise agreement known as the Hakea Group, 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 Hakea Holdings Pty Ltd T/A Hakea Group. The agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Health Services Union of Australia – New South Wales Branch (HSU), the New South Wales Nurses and Midwives' Association (NSWNMA) and the Australian Nursing and Midwifery Federation – New South Wales Branch (ANMF) 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.

[4] The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Hakea Holdings Pty Ltd T/A Hakea Group was the subject of an application before the Fair Work Commission (FWC) for approval of an enterprise agreement. The application involved the Hakea Group, the NSW Nurses and Midwives' Association (NSWNMA), and the Health Services Union NSW (HSU NSW). The dispute centred on whether the proposed enterprise agreement met the legal criteria for approval under the Fair Work Act 2009.

The court had to determine whether the enterprise agreement was a "genuine" agreement, if it contained terms that were necessary to prevent unfair treatment of employees, and if it complied with the procedural requirements for approval. Additionally, the court needed to assess whether the agreement appropriately covered all employees and was free from any unlawful content. The FWC also had to consider the submissions from the parties and any relevant evidence presented.

In assessing the agreement, the FWC found that it was a genuine enterprise agreement and satisfied the requirements under the Fair Work Act. The agreement contained terms that were necessary to prevent unfair treatment of employees and complied with the procedural requirements. Furthermore, the FWC concluded that the agreement covered all employees and did not contain any unlawful content. Based on these findings, the FWC approved the enterprise agreement.

The FWC's final order was that the Hakea Group, NSWNMA and HSU NSW Enterprise Agreement 2014-2017 be approved. The decision was made in accordance with the Fair Work Act 2009, and the agreement was deemed to be in the best interests of the employees and the employer. The approval of the agreement allows it to come into effect and govern the terms and conditions of employment for the relevant employees.

Hakea Holdings Pty Ltd T/A Hakea Group

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established