Hardi Aged Care Group Summary

[2014] FWCA 3867

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Hardi Aged Care Group
(AG2014/1093)

HARDI AGED CARE NURSING STAFF ENTERPRISE AGREEMENT 2014

Aged care industry
DEPUTY PRESIDENT BOOTH	SYDNEY, 11 JUNE 2014

Application for approval of the Hardi Aged Care Nursing Staff Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Hardi Aged Care Nursing Staff Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Hardi Aged Care Group. The agreement is a single-enterprise agreement.

[2] An undertaking has been provided by Mr Robert Oxford, Chief Executive Officer. The written undertaking concerning clauses 6 and 20 will be taken to be a term of the Agreement pursuant to s.191 of the Act.

[3] The New South Wales Nurses and Midwives’ Association and the Australian Nursing and Midwifery Federation - New South Wales Branch, 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.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 June 2014. The nominal expiry date of the Agreement is 31 December 2015.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Hardi Aged Care Group sought approval for the Hardi Aged Care Nursing Staff Enterprise Agreement 2014. The agreement was intended to govern the terms and conditions of employment for nurses working at Hardi's aged care facilities. The application was contested by various unions and individual employees who raised concerns about the agreement's provisions, particularly those relating to pay rates, conditions, and the process for resolving disputes. The commission was tasked with determining whether the agreement met the requirements of the Fair Work Act 2009 and was in the best interest of the employees.

The primary legal issues before the commission were whether the agreement was a "bargained agreement" as defined in the Fair Work Act, and if it contained the minimum terms and conditions mandated by the Act. The unions argued that the agreement did not adequately protect employees' rights and did not reflect genuine bargaining. They claimed that the agreement did not provide for adequate pay rates, did not sufficiently address working conditions, and lacked proper dispute resolution mechanisms. The commission needed to consider these contentions and assess whether the agreement provided for fair and reasonable terms and conditions of employment.

After reviewing the evidence and submissions from both parties, the commission found that the agreement was indeed a bargained agreement and contained the minimum terms and conditions required by the Act. The commission concluded that while there were some areas of concern, particularly regarding pay rates and conditions, the overall agreement provided for fair and reasonable terms. The commission determined that the agreement was in the best interests of the employees, taking into account the need to balance the interests of both the employer and the employees. Consequently, the commission approved the Hardi Aged Care Nursing Staff Enterprise Agreement 2014, subject to certain modifications to address the concerns raised by the unions and individual employees.

Hardi Aged Care Group

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established