Enterprise bargaining – scope order – ss.228, 238 Fair Work Act 2009 – application for a scope order re HammondCare – Health Services Union supported and endorsed the ANMF application – HammondCare is a Christian charity which specialises in dementia care – operates three main business streams: residential care, home care and health and hospital care – HammondCare has historically operated in New South Wales – since 2014 HammondCare has had three residential care facilities at Caulfield Hospital in Melbourne – in December 2014 when HammondCare started employing staff in Victoria the employees were informed about their relevant modern award, and that HammondCare had agreed to apply above award conditions derived from the two New South Wales agreements – ANMF wrote to HammondCare to discuss decision not to commence bargaining for a new enterprise agreement – ANMF was advised that HammondCare did not yet wish to commence negotiations but would meet with the ANMF in July 2015 when both of the New South Wales agreements were scheduled for renegotiation – in June 2015 HammondCare wrote to the ANMF stating its intention to negotiate a national agreement covering employees in Victoria and New South Wales – ANMF made an application for a scope order as it was concerned that bargaining has not proceeded efficiently or fairly – whether ANMF has met, or was meeting, the good faith bargaining requirements – Cimeco considered – Commission satisfied that ANMF has met, and was meeting, those requirements – whether making an order will promote the fair and efficient conduct of bargaining – MFB considered – found bargaining would proceed more efficiently and fairly if an order was made, than it would if no order made – order would ensure that interests of Victorian employees were not subjugated by interests of New South Wales employees – New South Wales employees outnumber Victorian employees by five or six to one – Commission satisfied that proposed group of employees was fairly chosen – satisfied that reasonable in all the circumstances to make order sought – parties reached an impasse on issue of whether proposed agreement was a national agreement or a Victorian agreement – reasonable to make scope order. Australian Nursing and Midwifery Federation.
