DECISION

Fair Work Act 2009
s.185—Enterprise agreement

HammondCare
(AG2015/3393)

HAMMONDCARE HAMMONDATHOME CARE WORKER ENTERPRISE AGREEMENT 2015

Social, community, home care and disability services
DEPUTY PRESIDENT BOOTH	SYDNEY, 17 AUGUST 2015

Application for approval of the HammondCare HammondAtHome Care Worker Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the HammondCare HammondAtHome Care Worker Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by HammondCare. The agreement is a single-enterprise agreement.

[2] The Health Services Union, New South Wales Branch 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) of the Act, I note that the Agreement covers the organisations.

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

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 August 2015. The nominal expiry date of the Agreement is 30 June 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

HammondCare Limited brought an application to the Fair Work Commission for approval of the HammondCare HammondAtHome Care Worker Enterprise Agreement 2015. The applicants sought to have the agreement approved as a safety net agreement. The dispute centred around whether the agreement met the requirements under the Fair Work Act 2009 for approval as a safety net agreement, particularly focusing on whether the agreement provided minimum wages and conditions of employment for the employees covered by the agreement.

The legal issues before the Commission included whether the agreement complied with the provisions of the Fair Work Act regarding safety net agreements, specifically whether it provided for the minimum rates of pay and conditions of employment as stipulated in the Act. The Commission also needed to consider whether the agreement met the requirements for the protection of vulnerable employees in the home care industry, given the unique nature of the work and the potential for exploitation.

The Commission found that the agreement provided for the minimum rates of pay and conditions of employment for the employees, in line with the requirements of the Fair Work Act. It was noted that the agreement addressed the specific needs and circumstances of the home care workers, ensuring that they received adequate protections. The Commission was satisfied that the agreement would not have an adverse effect on the employees and was in the interests of the employees. Therefore, the Commission approved the agreement as a safety net agreement, effective from the date of the Commission’s decision.

HammondCare

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established