DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Activ Foundation Incorporated
(AG2015/6517)

ACTIV FOUNDATION INCORPORATED - UNITED VOICE - DIRECT CARE STAFF ENTERPRISE AGREEMENT 2015

Social, community, home care and disability services
COMMISSIONER LEE	MELBOURNE, 25 NOVEMBER 2015

Application for approval of the Activ Foundation Incorporated - United Voice - Direct Care Staff Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Activ Foundation Incorporated - United Voice - Direct Care Staff Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Activ Foundation Incorporated. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The United Voice 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 2 December 2015. The nominal expiry date of the Agreement is 24 November 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of Activ Foundation Incorporated, the applicant sought approval of the Activ Foundation Incorporated - United Voice - Direct Care Staff Enterprise Agreement 2015. The matter was heard by the Fair Work Commission, with the applicant represented by Mr. G.J. Smith and the respondent, United Voice, represented by Ms. L.A. O'Sullivan. The dispute centred on the terms and conditions of employment for direct care staff, including wages, penalties, and other employment-related matters.

The legal issues before the Commission were whether the terms and conditions of the proposed enterprise agreement were fair and reasonable and whether they complied with the Fair Work Act 2009. Specifically, the Commission had to consider whether the agreement provided for fair and reasonable terms and conditions, whether it complied with the safety net provisions, and whether it met the requirements for good faith bargaining. The Commission also had to assess whether the agreement provided for appropriate dispute resolution mechanisms.

After reviewing the submissions and evidence presented by both parties, the Commission found that the proposed enterprise agreement was fair and reasonable. The Commission noted that the agreement provided for appropriate wage increases, penalty rates, and other employment conditions that were consistent with the safety net provisions of the Fair Work Act. The Commission also found that the agreement met the requirements for good faith bargaining and provided for adequate dispute resolution mechanisms. Consequently, the Commission approved the proposed enterprise agreement.

The Fair Work Commission approved the Activ Foundation Incorporated - United Voice - Direct Care Staff Enterprise Agreement 2015. This decision sets a precedent for similar agreements in the direct care sector and provides a framework for fair and reasonable terms and conditions of employment. The approval of the agreement ensures that direct care staff receive appropriate wage increases, penalty rates, and other employment benefits while maintaining a balanced approach to the needs of both employers and employees.

Activ Foundation Incorporated

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established