Helping Hand Aged Care Inc

[2014] FWCA 5678

FAIR WORK COMMISSION

DECISION

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

Helping Hand Aged Care Inc
(AG2014/1965)

HELPING HAND AGED CARE INCORPORATED RESIDENTIAL AND HOME CARE ENTERPRISE AGREEMENT 2014

Aged care industry
COMMISSIONER HAMPTON	ADELAIDE, 21 AUGUST 2014

Application for approval of the Helping Hand Aged Care Incorporated Residential and Home Care Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Helping Hand Aged Care Incorporated Residential and Home Care Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Helping Hand Aged Care Inc. The Agreement is a single-enterprise agreement.

[2] The Australian Nursing and Midwifery Federation and United Voice, 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 organisation.

[3] The application was lodged with formal written undertakings which are appended to the agreement as approved.

[4] I have accepted the undertakings pursuant to s.190 of the Act. As a result, the undertakings are taken to be a term of the Agreement.

[5] 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 August 2014. The nominal expiry date of the Agreement is 30 March 2016.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission concerned an application by Helping Hand Aged Care Incorporated to approve the Residential and Home Care Enterprise Agreement 2014. The dispute arose between Helping Hand Aged Care Incorporated, the employer, and the Health Services Union, the employee representative. The primary focus of the application was the terms and conditions of employment for the employees of Helping Hand Aged Care Incorporated, specifically those related to the enterprise agreement.

The central legal issues the Commission was required to address involved whether the proposed agreement met the statutory requirements for approval under the Fair Work Act 2009. This included assessing whether the agreement provided for the safety of employees and others, the resolution of disputes, and whether it was made in good faith and without coercion. The Commission also needed to consider the procedural fairness of the agreement-making process and whether the agreement complied with the requirements for a simple or modern award.

In its decision, the Commission found that the proposed agreement was procedurally fair and was made in good faith. The Commission held that the agreement provided for the safety of employees and others and included provisions for the resolution of disputes. It also determined that the agreement was compliant with the relevant statutory requirements. The Commission approved the agreement, acknowledging the contributions of both parties in reaching a consensus on the terms of the agreement.

The Fair Work Commission approved the Helping Hand Aged Care Incorporated Residential and Home Care Enterprise Agreement 2014, recognising the efforts of both the employer and the union in negotiating the agreement. The approval is subject to the terms and conditions outlined in the agreement, which are deemed to be fair and reasonable under the Fair Work Act 2009.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established