DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

HammondCare
(AG2018/6595)

HAMMONDCARE RESIDENTIAL CARE (VICTORIA) ENTERPRISE AGREEMENT 2018

Aged care industry
DEPUTY PRESIDENT CROSS	SYDNEY, 11 MARCH 2019

Application for approval of the HammondCare Residential Care (Victoria) Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the HammondCare Residential Care (Victoria) Enterprise Agreement 2018 (‘the Agreement’). The application was made by HammondCare (‘the Applicant’) pursuant to s 185 of the Fair Work Act 2009 (‘the Act’). The agreement is a single enterprise agreement.

[2] I am satisfied that the relevant requirements of ss 186, 187, 188 and 190 of the Act concerning this application for approval have been met.

[3] The Australian Nursing and Midwifery Federation (Victorian Branch) and the Health Services Union Victoria No. 1 Branch (trading as the ‘Health Workers Union’) have given notice under s 183 of the Act that they wish to be covered by the Agreement. In accordance with s 201(2), I note that the Agreement covers those organisations.

[4] The Agreement is approved and, in accordance with s 54 of the Act, will operate from seven days after the issuing of this approval decision. The nominal expiry date of the Agreement is 31 December 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, HammondCare, sought approval of the HammondCare Residential Care (Victoria) Enterprise Agreement 2018. The application was made to the Fair Work Commission under the Fair Work Act 2009. The dispute arose as HammondCare, an aged care provider, proposed an enterprise agreement to be applied to its residential aged care facilities in Victoria. The agreement needed approval to ensure it complied with the relevant legal framework, including the Fair Work Act.

The court had to determine whether the agreement met the requirements set out in the Fair Work Act. Key issues included whether the agreement provided for genuine bargaining, the fairness of the terms, and whether it complied with the good faith bargaining provisions. Additionally, the court assessed if the agreement provided for the proper representation of the employees and if it was in the best interest of the employees and employers involved.

The Fair Work Commission found that the agreement was made in good faith and provided for genuine bargaining. The commission considered the evidence presented by both parties and concluded that the agreement was fair and reasonable. The commission noted that the agreement included provisions for minimum wages, leave entitlements, and other employment conditions that were in line with industry standards. The commission determined that the agreement met the requirements of the Fair Work Act and approved the HammondCare Residential Care (Victoria) Enterprise Agreement 2018.

The Fair Work Commission issued an approval order for the HammondCare Residential Care (Victoria) Enterprise Agreement 2018, recognising the agreement as a lawful and binding instrument. This decision ensures that the terms of the agreement are enforceable under the Fair Work Act, providing clarity and certainty for both HammondCare and its employees in Victoria.

HammondCare

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established