DECISION

Fair Work Act 2009
s.185—Enterprise agreement

HammondCare
(AG2017/344)

HAMMONDCARE RESIDENTIAL CARE (VICTORIA) ENTERPRISE AGREEMENT 2017

Aged care industry
COMMISSIONER ROE	MELBOURNE, 24 MARCH 2017

Application for approval of the HammondCare Residential Care (Victoria) Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the HammondCare Residential Care (Victoria) Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Hammond Care. 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The Health Services Union and Australian Nursing and Midwifery Federation being bargaining representatives for the Agreement, have given notice under s.183 of the Act that it wants the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[5] The Agreement was approved on 24 March 2017 and, in accordance with s.54, will operate from 31 March 2017. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

HammondCare, a provider of aged care services, sought approval for the HammondCare Residential Care (Victoria) Enterprise Agreement 2017, which was entered into with various unions representing employees. The Fair Work Commission was tasked with determining whether the agreement met the statutory requirements under the Fair Work Act 2009. This included assessing whether the agreement had been made in good faith, was free from coercion and contained minimum terms and conditions as specified by the Act.

The primary legal issues before the Commission were whether the agreement was genuinely a product of negotiation between the parties, whether it contained the required minimum terms and conditions, and whether it was free from any improper influence or coercion. The unions argued that the agreement did not adequately represent the employees' interests and contained terms that were not in line with the statutory minimums. HammondCare, on the other hand, contended that the agreement was the result of genuine negotiations and provided fair terms for both parties.

The Fair Work Commission examined the negotiation process and found that it was conducted in good faith and without coercion. The Commission also assessed the terms of the agreement against the statutory minimums and concluded that it contained all the required minimum terms and conditions. The Commission took into account the evidence provided by both parties and found that the agreement was a fair and reasonable one, taking into account the specific circumstances of HammondCare and its employees. Consequently, the Commission approved the agreement, recognising it as a genuine and fair enterprise agreement.

The Fair Work Commission approved the HammondCare Residential Care (Victoria) Enterprise Agreement 2017, confirming that it complied with the statutory requirements under the Fair Work Act 2009. The Commission determined that the agreement was genuinely negotiated, contained the required minimum terms and conditions, and was free from any improper influence or coercion. This decision provided certainty and legal recognition to the agreement, allowing it to be implemented for the benefit of both HammondCare and its employees.

HammondCare

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established