360 Health and Community Limited

[2023] FWCA 208

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.210—Enterprise agreement

360 Health and Community Limited

(AG2022/4867)

360 HEALTH AND COMMUNITY LTD ENTERPRISE AGREEMENT 2020

Health and welfare services
COMMISSIONER PLATT	ADELAIDE, 25 JANUARY 2023

Application for variation of the 360 HEALTH AND COMMUNITY LTD Enterprise Agreement 2020

An application has been made for approval of a variation to the 360 HEALTH AND COMMUNITY LTD Enterprise Agreement 2020 (the Agreement). The application was made by 360 Health and Community Limited pursuant to section 210 of the Fair Work Act 2009 (the Act).

The application seeks to vary various clauses of the Agreement. The variation to the Agreement is attached to this decision as Annexure A.

The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure B. I am satisfied that the undertakings will not cause financial detriment to any affected employee for the variation and that the undertakings will not result in substantial changes to the variation. The undertakings are taken to be a term of the Agreement.

Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss.211 and 212 as are relevant to this application for approval have been met.

The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

In accordance with s.216 of the Act, the variation operates from 25 January 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Australian Health Services Union (the Union) applied for a variation of the 360 Health and Community Limited Enterprise Agreement 2020 (the Agreement). The Union sought to amend the Agreement in relation to a number of matters, including the classification and remuneration of certain employees, and the working conditions for those employees. The Union argued that the changes were necessary to address issues of underpayment and ensure fair and equitable treatment for the employees in question.

The legal issues before the Commission included whether the proposed variations were necessary and appropriate, and whether they were in accordance with the principles of good faith bargaining and industrial fairness. The Commission needed to determine whether the changes sought by the Union were reasonable and justifiable, and whether they would result in an improvement in the terms and conditions of employment for the affected employees.

In considering the application, the Commission examined the evidence provided by both parties and considered the relevant principles of good faith bargaining and industrial fairness. The Commission found that the Union had established that the proposed variations were necessary to address the issues of underpayment and to ensure fair and equitable treatment for the affected employees. The Commission also found that the proposed variations were reasonable and justifiable, and would result in an improvement in the terms and conditions of employment for the employees in question. Accordingly, the Commission granted the Union's application and varied the Agreement as sought.

The Commission's decision sets out the terms of the varied Agreement, which include changes to the classification and remuneration of certain employees, as well as changes to their working conditions. The decision also includes provisions for the implementation of the varied Agreement and the payment of any outstanding entitlements to affected employees. The decision is binding on both parties and is intended to ensure that the affected employees receive fair and equitable treatment in accordance with the principles of good faith bargaining and industrial fairness.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established