Amana Living Incorporated T/A Amana Living

[2019] FWCA 6358

[2019] FWCA 6358

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Amana Living Incorporated T/A Amana Living
(AG2018/7372)

AMANA LIVING HOME CARE STAFF ENTERPRISE AGREEMENT 2018

Social, community, home care and disability services
COMMISSIONER MCKINNON	MELBOURNE, 12 SEPTEMBER 2019

Application for approval of the Amana Living Home Care Staff Enterprise Agreement 2018.

[1] This decision deals with the application for approval of a single enterprise agreement known as the Amana Living Home Care Staff Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Amana Living Incorporated T/A Amana Living.

[2] On 16 August 2019, I issued a Decision in [2019] FWC 5713 in which I found that the Agreement would be capable of approval if outstanding concerns about whether employees in “CSW Category 2 and 4” under the Agreement will be better off overall could be resolved by undertakings.

[3] Further undertakings have now been given by the Applicant and views on those undertakings expressed by Union Voice in its capacity as bargaining representative for the Agreement. Additional calculations have also been filed by both the Applicant and United Voice. United Voice maintains that employees in Community Support Worker (CSW) Category 4 will not be better off overall if working on Sundays with the adjusted, higher penalty rates of pay.

[4] The Commission’s analysis is that with the higher penalty rates for Sunday work that will apply if the undertakings are accepted, all employees were better off overall under the Agreement in comparison to the Social, Community, Home Care and Disability Services Industry Award 2010 at the test time. Accordingly, I am satisfied that the better off overall test is met.

[5] A copy of the undertakings are attached as Annexures A and B. 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 terms of the agreement.

[6] Having regard to the further submissions of the parties and the undertakings now given, 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.

[7] United Voice 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.

[8] The Agreement is approved and will operate from 19 September 2019. Its nominal expiry date is 30 June 2020.

COMMISSIONER

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Annexure A

Annexure B