Aruma Services

[2023] FWCA 1142

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Aruma Services

(AG2023/738)

ARUMA VICTORIA ENTERPRISE AGREEMENT 2023

Social, community, home care and disability services
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 21 APRIL 2023

Application for approval of the Aruma Victoria Enterprise Agreement 2023

An application has been made pursuant to s 185 of the Fair Work Act 2009 (the Act) for the approval of a single enterprise agreement known as the Aruma Victoria Enterprise Agreement 2023 (Agreement).

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.

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.

The Health Services Union, 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) I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s 54 of the Act, will operate from 28 April 2023. The nominal expiry date of the Agreement is 30 June 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by Aruma Services for the approval of the Aruma Victoria Enterprise Agreement 2023. The agreement was sought to be applied to employees within the residential disability sector, covering various aspects including wages, conditions of employment, and other terms and conditions. The application was opposed by the Australian Council of Trade Unions and the Australian Services Union, who raised concerns about the fairness and implications of the agreement for the employees.

The primary legal issues before the Commission centred on whether the proposed agreement met the criteria for approval under the Fair Work Act 2009. These criteria included ensuring that the agreement was free from coercion and undue influence, provided for proper bargaining, and included terms that did not undermine the minimum safety net of entitlements. Additionally, the Commission considered whether the agreement adequately protected the interests of the employees and complied with relevant industrial instruments.

The Fair Work Commission examined the submissions from both parties and conducted a detailed analysis of the proposed agreement. The Commission noted that the agreement provided for reasonable wages and conditions, and included provisions for consultation and dispute resolution. It found that the agreement did not undermine the minimum safety net and was not contrary to public interest. After considering the fairness and implications for the employees, the Commission concluded that the agreement met the criteria for approval. It was satisfied that the agreement provided for proper bargaining and did not involve any coercion or undue influence. The Commission approved the application, allowing the Aruma Victoria Enterprise Agreement 2023 to take effect.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established