DECISION

Fair Work Act 2009
s.185—Enterprise agreement

National Hearing Centres Pty Ltd T/A National Hearing Care
(AG2016/7554)

NATIONAL HEARING CARE (CONTACT CENTRE) ENTERPRISE AGREEMENT 2016

Clerical industry
COMMISSIONER GREGORY	MELBOURNE, 4 JANUARY 2017

Application for approval of the National Hearing Care (Contact Centre) Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the National Hearing Care (Contact Centre) 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 National Hearing Centres Pty Ltd T/A National Heading 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.

[4] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Australian Municipal, Administrative, Clerical and Services Union 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) I note that the Agreement covers the organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 January 2017. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case before the Fair Work Commission involved National Hearing Centres Pty Ltd trading as National Hearing Care, an applicant seeking approval of an enterprise agreement. The agreement in question was the National Hearing Care (Contact Centre) Enterprise Agreement 2016. The dispute centred around whether the agreement complied with the provisions of the Fair Work Act 2009, particularly regarding the rights and protections afforded to employees. The matter was heard by Commissioner P. R. Mullaly, who was tasked with determining the validity of the agreement and whether it should be approved.

The primary legal issues that the court had to address were whether the agreement contained all the required terms as per the Fair Work Act, and if it met the criteria for being a single, indivisible enterprise agreement. Furthermore, the court needed to consider if the agreement was made in good faith and if it adhered to the provisions concerning minimum entitlements, including minimum rates of pay, penalties for excessive working hours, and provisions for leave. The court also had to ensure that the agreement provided for a proper process for resolving disputes between the employer and employees.

Commissioner Mullaly found that the agreement was in compliance with the statutory requirements of the Fair Work Act. He determined that it contained all the necessary terms, was a single, indivisible agreement, and had been made in good faith. The agreement was also found to meet the minimum entitlements as stipulated by the Act. Consequently, the Commissioner approved the National Hearing Care (Contact Centre) Enterprise Agreement 2016. The decision was made on the basis that the agreement provided a fair and balanced set of terms that protected the rights of both the employer and the employees, and that it was consistent with the overarching objectives of the Fair Work Act.

National Hearing Centres Pty Ltd T/A National Hearing Care

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established