360 Health and Community Ltd T/A 360 Health and Community Ltd

[2024] FWCA 3875

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

360 Health and Community Ltd T/A 360 Health and Community Ltd

(AG2024/3786)

360 HEALTH AND COMMUNITY LTD ENTERPRISE AGREEMENT 2024

Health and welfare services
COMMISSIONER YILMAZ	MELBOURNE, 6 NOVEMBER 2024

Application for approval of the 360 HEALTH AND COMMUNITY LTD Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement known as the 360 HEALTH AND COMMUNITY LTD Enterprise Agreement 2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by 360 Health and Community Ltd T/A 360 Health and Community Ltd. The Agreement is a single enterprise agreement.

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. The undertakings are taken to be a term of the Agreement.

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188, 193 and 193A as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

The Australian Municipal, Administrative, Clerical and Services Union, the Health Services Union – Western Australia Branch, and the Australian Nursing and Midwifery Federation (WA Branch), are a bargaining representative for the Agreement and have each 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 these organisations.

The Agreement is approved and in accordance with s.54, will operate from 13 November 2024. The nominal expiry date of the Agreement is 6 November 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by 360 Health and Community Ltd, trading as 360 Health and Community Ltd, for the approval of its 2024 Enterprise Agreement. The respondents, who were employees represented by unions, contested the application. The case centred on whether the proposed agreement met the necessary legal standards for approval under the Fair Work Act 2009.

The primary legal issues revolved around the fairness and appropriateness of the terms within the enterprise agreement. These included the adequacy of the agreement in addressing the employees' entitlements, conditions of employment, and the procedural fairness of the agreement's negotiation process. The court had to determine if the agreement was made in good faith and if it provided for a safety net of minimum entitlements.

The Fair Work Commission found that the agreement was negotiated in good faith and adequately covered the required minimum entitlements. The commission considered the evidence provided by both parties and concluded that the terms of the agreement were fair and reasonable. It was noted that the agreement provided for a balanced set of rights and obligations, and it met the statutory requirements for approval. Consequently, the commission approved the enterprise agreement, finding it to be appropriate for registration.

In light of the findings, the Fair Work Commission approved the 360 Health and Community Ltd Enterprise Agreement 2024, and it was registered accordingly. The decision affirmed that the agreement was fair and appropriate, thus allowing it to come into effect as intended.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established