DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Arcare Pty Ltd T/A Arcare
(AG2017/6287)

ARCARE PTY LTD, AGED CARE SERVICES, QUEENSLAND - ENTERPRISE AGREEMENT 2017

Aged care industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 14 MARCH 2018

Application for approval of the Arcare Pty Ltd, Aged Care Services, Queensland - Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Arcare Pty Ltd, Aged Care Services, Queensland - Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Arcare Pty Ltd T/A Arcare. The agreement is a single enterprise agreement.

[2] The Applicant 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.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, 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 Australian Nursing and Midwifery Federation 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement was approved on 14 March 2018 and, in accordance with s.54, will operate from 21 March 2018. The nominal expiry date of the Agreement is 30 June 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Arcare Pty Ltd T/A Arcare applied to the Fair Work Commission for approval of the Arcare Pty Ltd, Aged Care Services, Queensland - Enterprise Agreement 2017. The application was made by Arcare, an employer, and United Voice, a union, under section 232 of the Fair Work Act 2009. The union represented the employees of Arcare, an aged care service provider in Queensland. The Fair Work Commission was tasked with determining whether the agreement met the requirements for approval under the Act.

The primary legal issue before the Fair Work Commission was whether the agreement was a "better off overall test" (BOOT) agreement. This test requires that the agreement provides employees with no less than the minimum entitlements they would receive under the applicable award or registered agreement. The Commission also needed to consider whether the agreement complied with other statutory requirements, including provisions for employee representation and dispute resolution.

The Fair Work Commission found that the agreement met the BOOT requirement, as it provided employees with at least the minimum entitlements under the relevant award. The Commission also found that the agreement complied with other statutory requirements, including provisions for employee representation and dispute resolution. The Commission noted that the agreement contained provisions for the establishment of employee representative committees and a dispute resolution process that aligned with the requirements of the Act. The Commission was satisfied that the agreement was fair and balanced and would provide benefits to the employees.

The Fair Work Commission approved the Arcare Pty Ltd, Aged Care Services, Queensland - Enterprise Agreement 2017. The approval means that the agreement will be registered and will apply to the employees of Arcare covered by the agreement. The agreement will provide the employees with the terms and conditions of employment set out in the agreement, which are intended to be better than the minimum entitlements under the applicable award.

Arcare Pty Ltd T/A Arcare

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established