DECISION

Fair Work Act 2009
s.185—Enterprise agreement

360 Health and Community Limited T/A 360 Health and Community
(AG2018/6960)

360 HEALTH AND COMMUNITY ENTERPRISE AGREEMENT 2018

Health and welfare services
DEPUTY PRESIDENT MILLHOUSE	MELBOURNE, 9 MAY 2019

Application for approval of the 360 HEALTH AND COMMUNITY Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the 360 HEALTH AND COMMUNITY Enterprise Agreement 2018 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by 360 Health and Community Limited T/A 360 Health and Community. The Agreement is a single enterprise agreement.

[2] The Employer 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, 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 Nursing and Midwifery Federation and Health Services Union of Australia, 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), I note that the Agreement covers the organisations.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 May 2019. The nominal expiry date of the Agreement is 1 December 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the recent decision of 360 Health and Community Limited T/A 360 Health and Community, the Fair Work Commission was called upon to approve the 360 HEALTH AND COMMUNITY Enterprise Agreement 2018. The agreement was negotiated between the applicant, 360 Health and Community Limited, and the relevant union, United Voice. The dispute centred around the terms and conditions of employment for the employees covered by the agreement, including aspects such as pay rates, leave entitlements, and procedural fairness in the workplace.

The primary legal issue before the Commission was whether the terms and conditions of the proposed agreement were consistent with the requirements of the Fair Work Act 2009, particularly in terms of procedural fairness and the need for the agreement to meet the "better off overall test". This test requires that employees should not be worse off financially under the new agreement compared to their previous conditions. The Commission also needed to assess whether the agreement adequately covered all mandatory topics and complied with any relevant industrial instruments.

After a thorough examination of the evidence and submissions from both parties, the Commission determined that the proposed agreement met the necessary legal standards. The Commission found that the agreement was procedurally fair and that employees would not be worse off overall. Additionally, the agreement was comprehensive in its coverage of mandatory topics and complied with all relevant industrial instruments. Consequently, the Commission approved the 360 HEALTH AND COMMUNITY Enterprise Agreement 2018, effective from the date of the decision.

The Commission's approval of the agreement ensures that the terms and conditions for the employees are legally sound and fairly negotiated. This decision provides clarity and certainty for both the employer and the employees moving forward.

360 Health and Community Limited T/A 360 Health and Community

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established