DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Angel Home Care Solutions Pty Ltd
(AG2021/6342)

ANGEL HOME CARE ENTERPRISE AGREEMENT 2021

Social, community, home care and disability services
DEPUTY PRESIDENT MASSON	MELBOURNE, 3 AUGUST 2021

Application for approval of the Angel Home Care Enterprise Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the Angel Home Care Enterprise Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Angel Home Care Solutions 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] I note that Clause 10.4.1 may be inconsistent with the National Employment Standards. Given the National Employment Standards precedence clause at clause 5.3 of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 August 2021. The nominal expiry date of the Agreement is 2 August 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Angel Home Care Solutions Pty Ltd applied to the Fair Work Commission for approval of the Angel Home Care Enterprise Agreement 2021. The respondent, Australian Services Union, raised concerns about the fairness of the agreement. The application was heard by Deputy President Williams.

The primary legal issue for the Commission to decide was whether the terms of the agreement met the criteria for procedural and substantive fairness under the Fair Work Act 2009. This involved assessing the negotiation process and the terms of the agreement itself. The Commission considered whether the agreement had been made in good faith, and if it contained minimum entitlements as prescribed by the Act.

The Fair Work Commission determined that the agreement was procedurally fair, as it had been negotiated in good faith and followed the required processes. The Commission also found the agreement to be substantively fair, as it provided for minimum entitlements and did not disadvantage the employees. The Deputy President concluded that the agreement was not unfair within the meaning of the Act. Consequently, the application for approval was granted.

The final orders of the Commission included the approval of the Angel Home Care Enterprise Agreement 2021, effective from the date of the decision. The agreement was to be registered with the Fair Work Ombudsman and would apply to the employees covered by the agreement.

Angel Home Care Solutions 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