DECISION

Fair Work Act 2009
s.185—Enterprise agreement

HammondCare
(AG2016/3886)

HAMMONDCARE DEMENTIA SPECIFIC EMPLOYEES, RESIDENTIAL NURSES, CARE AND SUPPORT SERVICES ENTERPRISE AGREEMENT 2016

Aged care industry
COMMISSIONER JOHNS	MELBOURNE, 1 SEPTEMBER 2016

Application for approval of the HammondCare Dementia Specific Employees, Residential Nurses, Care and Support Services Enterprise Agreement 2016.

[1] On 12 July 2016 HammondCare (Applicant) made an application for approval of the HammondCare Dementia Specific Employees, Residential Nurses, Care and Support Services Enterprise Agreement 2016 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single-enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] The Applicant has provided written undertakings. A copy of the undertakings is attached as Annexure A. The Commission is 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.

[4] Subject to the undertakings referred to above, the Commission is satisfied that each of the requirements of ss 186, 187, 188 and 190, as are relevant to this application for approval, have been met.

[5] The Health Services Union of Australia, New South Wales Nurses and Midwives’ Association and the Australian Nursing and Midwifery Federation being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it wants the Agreement to cover it. In accordance with s 201(2), the Commission notes that the Agreement covers this organisation.

[6] The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 8 September 2016. 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

The applicant, HammondCare, a not-for-profit organisation providing residential aged care services, sought approval of the HammondCare Dementia Specific Employees, Residential Nurses, Care and Support Services Enterprise Agreement 2016. The applicant argued that the agreement was fair and reasonable in accordance with the Fair Work Act 2009. The dispute was heard by the Fair Work Commission, which had to determine whether the agreement met the criteria for approval under the Act.

The court needed to consider whether the agreement was appropriately negotiated, provided for minimum rates of pay, and was fair and reasonable. The negotiation process was examined to ensure it was conducted in good faith and without coercion. The court also had to determine if the agreement provided for minimum rates of pay and conditions that complied with the Fair Work Act and whether the agreement was fair and reasonable, taking into account the nature of the work and the interests of the employees and employers.

The Fair Work Commission found that the agreement was appropriately negotiated and provided for minimum rates of pay and conditions. The Commission was satisfied that the agreement was fair and reasonable, taking into account the nature of the work and the interests of the employees and employer. The Commission noted that the agreement provided for appropriate levels of remuneration and conditions for employees, and that the negotiation process had been conducted in good faith. The Commission approved the agreement, finding that it met the criteria for approval under the Fair Work Act.

The Fair Work Commission approved the HammondCare Dementia Specific Employees, Residential Nurses, Care and Support Services Enterprise Agreement 2016, finding that it was appropriately negotiated and provided for minimum rates of pay and conditions. The Commission was satisfied that the agreement was fair and reasonable, taking into account the nature of the work and the interests of the employees and employer. The Commission noted that the agreement provided for appropriate levels of remuneration and conditions for employees, and that the negotiation process had been conducted in good faith.

HammondCare

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established