DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Hakea Holdings Pty Ltd
(AG2017/5724)

HAKEA GROUP, NSWNMA AND HSU NSW ENTERPRISE AGREEMENT 2017-2020

Aged care industry
COMMISSIONER SAUNDERS	NEWCASTLE, 20 DECEMBER 2017

Application for approval of the Hakea Group, NSWNMA and HSU NSW Enterprise Agreement 2017 - 2020.

[1] An application has been made for approval of an enterprise agreement known as the Hakea Group, NSWNMA and HSU NSW Enterprise Agreement 2017 - 2020 (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. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings (the Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[3] The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

[4] Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

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

[6] The Agreement lodged as part of the application for approval contained an error at page 82. On 6 December 2017, the Applicant filed an amended version of the Agreement pursuant to s.586 of the Act, correcting the error at page 82. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.

[7] The Health Services Union of Australia, 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) I note that the Agreement covers the organisations.

[8] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 December 2017. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

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Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, the case of Hakea Holdings Pty Ltd involved the applicant seeking approval of the Hakea Group, New South Wales Nurses and Midwives’ Association and Health Services Union New South Wales Enterprise Agreement 2017-2020. The dispute centred around the terms and conditions of employment for nurses and midwives within the applicant's organisation, as negotiated between the employer and the unions.

The primary legal issue before the court was whether the enterprise agreement met the requirements set out in the Fair Work Act 2009, specifically if it contained genuine bargaining and was free from any prohibited content. This included ensuring the agreement was made in good faith, was fair and reasonable, and did not include any discriminatory or unfair provisions. The court also needed to determine if the agreement was procedurally sound, having been negotiated fairly and in compliance with relevant industrial laws.

The Fair Work Commission found that the agreement did indeed meet the necessary standards. The court examined the evidence presented on the negotiation process and found it to be genuine and conducted in good faith. Furthermore, the terms of the agreement were deemed fair and reasonable, with no discriminatory or otherwise objectionable content. The court also confirmed that all procedural requirements had been followed correctly. Therefore, the application for approval was successful.

The final orders of the court were that the Hakea Group, NSWNMA and HSU NSW Enterprise Agreement 2017-2020 be approved in accordance with the Fair Work Act 2009. This decision ensures that the terms of employment for the nurses and midwives covered by the agreement are legally binding and enforceable.

Hakea Holdings Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established