DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Alcyone Care Pty Ltd T/A Just Better Care Hills District; Hunter Care Services Pty Limited T/A Just Better Care Newcastle Hunter; LTC Care Services Pty Ltd T/A Just Better Care Ryde, Parramatta and Just Better Care Bankstown; Lana and Terry Beyond Care Pty Ltd T/A Just Better Care Macarthur and Just Better Care Central West
(AG2018/1456)

JUST BETTER CARE MULTI ENTERPRISE AGREEMENT 2018

Social, community, home care and disability services
COMMISSIONER SAUNDERS	NEWCASTLE, 23 MAY 2018

Application for approval of the Just Better Care Multi Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Just Better Care Multi Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Alcyone Care Pty Ltd T/A Just Better Care Hills District; Hunter Care Services Pty Limited T/A Just Better Care Newcastle Hunter; LTC Care Services Pty Ltd T/A Just Better Care Ryde, Parramatta and Just Better Care Bankstown; Lana and Terry Beyond Care Pty Ltd T/A Just Better Care Macarthur and Just Better Care Central West. The Agreement is a multi-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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 May 2018. The nominal expiry date of the Agreement is 22 May 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicants in this case were several entities operating under the "Just Better Care" brand, seeking approval of a multi-enterprise agreement concerning their employees. The dispute arose in the Fair Work Commission, where the applicants sought to have the proposed agreement recognised and made applicable to their workforce. The nature of the dispute was the procedural and substantive fairness of the agreement, particularly in terms of the negotiation process and the terms of the agreement itself.

The primary legal issues before the Commission were whether the agreement had been genuinely negotiated and whether it met the standards for procedural and substantive fairness as required under the Fair Work Act. The applicants argued that the agreement was the result of genuine bargaining and that it provided fair and reasonable terms for the employees. The opposition, on the other hand, contended that the negotiation process was flawed and that the terms of the agreement were not fair.

The Commission examined the evidence and submissions from both parties to determine whether the agreement was genuinely negotiated and whether it met the statutory standards. The Commission found that the negotiation process had been generally robust and that the applicants had made efforts to involve the employees in the negotiation process. The Commission also found that the terms of the agreement were fair and reasonable, taking into account the specific circumstances of the applicants' businesses and the workforce. Based on these findings, the Commission approved the agreement, finding it met the necessary standards for both procedural and substantive fairness.

Alcyone Care Pty Ltd T/A Just Better Care Hills District; Hunter Care Services Pty Limited T/A Just Better Care Newcastle Hunter; LTC Care Services Pty Ltd T/A Just Better Care Ryde, Parramatta and Just Better Care...

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established