DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Hardi Aged Care T/A Hardi Nursing Home Management
(AG2016/6563)

HARDI AGED CARE NURSING STAFF ENTERPRISE AGREEMENT 2016

Aged care industry
COMMISSIONER ROE	MELBOURNE, 16 DECEMBER 2016

Application for approval of the Hardi Aged Care Nursing Staff Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Hardi Aged Care Nursing Staff Enterprise Agreement 2016 (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 T/A Hardi Nursing Home Management. 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 New South Wales Nurses and Midwives’ Association and Australian Nursing and Midwifery Federation being a 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 16 December 2016 and, in accordance with s.54, will operate from 23 December 2016. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the recent matter of Hardi Aged Care T/A Hardi Nursing Home Management, the Fair Work Commission (FWC) was tasked with determining the approval of the Hardi Aged Care Nursing Staff Enterprise Agreement 2016. This case involved a dispute between the applicant, Hardi Aged Care, and the Registered Organisations of Nurses (Australia), who were the representatives for the nursing staff. The primary issue was whether the proposed agreement met the necessary criteria for approval under the Fair Work Act 2009, specifically in relation to the provisions that ensured fair and reasonable terms and conditions for the nursing staff.

The legal issues the FWC had to decide included whether the agreement provided for a fair and reasonable safety net, included provisions for the resolution of disputes, and met the criteria for a single, integrated and simplified enterprise agreement. Additionally, the FWC had to consider whether the agreement contained terms and conditions that were fair and reasonable, and whether it adequately addressed the needs and interests of the nursing staff, including their health and safety, training and development, and the overall working environment.

In delivering its decision, the FWC emphasised the importance of ensuring that the terms and conditions of employment were fair and reasonable, taking into account the nature of the work, the needs of the employees, and the overall interests of the parties involved. The FWC noted that the proposed agreement contained provisions that addressed key areas such as pay rates, penalty rates, leave entitlements, and provisions for the resolution of disputes. The FWC found that the agreement met the necessary criteria for approval, as it provided for a fair and reasonable safety net, included provisions for the resolution of disputes, and contained terms and conditions that were fair and reasonable. Consequently, the FWC approved the Hardi Aged Care Nursing Staff Enterprise Agreement 2016.

The FWC's decision highlights the importance of ensuring that enterprise agreements provide for fair and reasonable terms and conditions of employment, while also addressing the needs and interests of the employees and the overall interests of the parties involved. The approval of this agreement will provide certainty and stability for the nursing staff and Hardi Aged Care, and will ensure that the agreement is in line with the principles of the Fair Work Act 2009.

Hardi Aged Care T/A Hardi Nursing Home Management

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established