DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Hall & Prior Aged Care Organisation
(AG2018/499)

HALL & PRIOR AGED CARE ORGANISATION EMPLOYEE (NON-RN) ENTERPRISE AGREEMENT 2018

Aged care industry
COMMISSIONER LEE	MELBOURNE, 22 JUNE 2018

Application for approval of the Hall & Prior Aged Care Organisation Employee (Non-RN) Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Hall & Prior Aged Care Organisation Employee (Non-RN) Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Hall & Prior Aged Care Organisation. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, 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.

[4] The Australian Nursing and Midwifery Federation, the Health Services Union of Australia and United Voice 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 June 2018. The nominal expiry date of the Agreement is 30 June 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter involved an application for the approval of the Hall & Prior Aged Care Organisation Employee (Non-RN) Enterprise Agreement 2018, which was brought before the Fair Work Commission. The applicant, Hall & Prior Aged Care Organisation, sought to have the agreement recognised as a registered agreement under the Fair Work Act 2009. The dispute centred on whether the agreement met the necessary criteria for approval, including the provisions on pay rates, conditions, and the process by which the agreement was negotiated.

The central legal issues revolved around whether the agreement was genuinely negotiated, whether it provided for pay and conditions that were no less favourable than those in the relevant awards or safety nets, and whether the agreement contained certain prescribed terms. Additionally, the court needed to determine if the agreement was consistent with the Fair Work Act and did not undermine the operation of the national workplace relations system.

The Fair Work Commission held that the agreement had been genuinely negotiated and contained the prescribed terms as required by the Act. The Commission also found that the pay and conditions in the agreement were not less favourable than those provided by the relevant awards or safety nets. Consequently, the Commission approved the agreement as a registered agreement under the Fair Work Act 2009. The decision was made on the basis that the agreement complied with the necessary legislative requirements and did not have an adverse effect on the national workplace relations system. The Commission's decision was therefore in favour of the applicant, leading to the registration of the Hall & Prior Aged Care Organisation Employee (Non-RN) Enterprise Agreement 2018.

Hall & Prior Aged Care Organisation

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established