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

Printed by authority of the Commonwealth Government Printer

Annexure A

Annexure B

CaseChat Overview and Summary

In the Fair Work Commission, Amana Living Incorporated, trading as Amana Living, applied for approval of the Amana Living Home Care Staff Enterprise Agreement 2018. The application was contested by the Australian Services Union. The dispute centred on the terms and conditions of employment for staff within Amana Living's home care services. The Fair Work Commission was required to determine whether the proposed agreement met the legal standards for approval, including compliance with the Fair Work Act 2009, and whether it appropriately balanced the interests of both the employer and the employees.

The court examined the agreement's provisions concerning minimum wages, penalty rates, leave entitlements, and procedural fairness. A particular focus was placed on whether the agreement provided fair and reasonable terms for employees, particularly in light of their unique working conditions within the home care sector. The commission considered submissions from both parties and relevant legislative provisions, ensuring that the agreement adhered to the statutory requirements and did not disadvantage any party unduly.

After careful consideration, the Fair Work Commission found that the Amana Living Home Care Staff Enterprise Agreement 2018 met the necessary legal standards for approval. The agreement was deemed to provide fair and reasonable terms and conditions of employment for the staff involved. The commission approved the agreement, acknowledging its balanced approach in addressing the needs of both Amana Living and its employees.

The final orders of the commission included the approval of the Amana Living Home Care Staff Enterprise Agreement 2018, effective from the date of the decision. The agreement was to be registered and binding on all parties as per the provisions of the Fair Work Act 2009.

Amana Living Incorporated T/A Amana Living

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established