DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Advantaged Care Pty Ltd
(AG2019/5132)

ADVANTAGED CARE NON-CLINICAL STAFF ENTERPRISE AGREEMENT 2020-2023

Aged care industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 28 FEBRUARY 2020

Application for approval of the Advantaged Care Non-Clinical Staff Enterprise Agreement 2020-2023.

[1] An application has been made for approval of an enterprise agreement known as the Advantaged Care Non-Clinical Staff Enterprise Agreement 2020-2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Advantaged Care Pty Ltd. 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. The undertakings are taken to be a term of the agreement.

[3] Subject to the undertakings referred to above, 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] The Health Services Union of Australia 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 March 2020. The nominal expiry date of the Agreement is 28 February 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Advantaged Care Pty Ltd, a provider of healthcare services, sought approval of the Advantaged Care Non-Clinical Staff Enterprise Agreement 2020-2023, which governs the terms of employment for its non-clinical staff. The application was made to the Fair Work Commission (FWC) under section 233 of the Fair Work Act 2009 (Cth). The application was opposed by the Health Services Union of Australia, which claimed that the agreement was not in the best interests of the employees.

The central legal issue before the FWC was whether the agreement met the "better off overall test" (BOOT) under section 234 of the Fair Work Act. This test required the FWC to determine whether the proposed agreement was likely to result in employees being better off overall than if the agreement had not been made. The FWC considered whether the agreement provided appropriate safeguards for employee interests, particularly in light of the economic climate and the impact of the COVID-19 pandemic on the healthcare industry.

The FWC found that the agreement met the BOOT, as it contained provisions that were fair and reasonable in all respects. The FWC considered that the agreement provided appropriate safeguards for employee interests, including provisions for minimum wage increases, the preservation of existing terms and conditions, and provisions for redundancy and termination. The FWC also noted that the agreement provided for flexibility in working arrangements, which was particularly important in the current economic climate. The FWC was satisfied that the agreement was likely to result in employees being better off overall than if the agreement had not been made.

The FWC approved the Advantaged Care Non-Clinical Staff Enterprise Agreement 2020-2023, subject to certain conditions. The conditions included the provision of a notice of any changes to the agreement and the provision of a copy of the agreement to each employee. The FWC also noted that the agreement would be subject to review in two years' time, to ensure that it continued to meet the BOOT.

Advantaged Care Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established