Aruma Services Victoria Ltd T/A Aruma Services Summary

[2024] FWCA 777

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Aruma Services Victoria Ltd T/A Aruma Services

(AG2024/247)

ARUMA DISABILITY SERVICES ENTERPRISE AGREEMENT (VICTORIA) 2022-2025

Social, community, home care and disability services
DEPUTY PRESIDENT O’NEILL	MELBOURNE, 5 MARCH 2024

Application for approval of the Aruma Disability Services Enterprise Agreement (Victoria) 2022-2025

An application has been made for approval of an enterprise agreement known as the Aruma Disability Services Enterprise Agreement (Victoria) 2022-2025 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Aruma Services Victoria Ltd T/A Aruma Services. The Agreement is a single enterprise 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 (HSU) 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 HSU support approval of the Agreement.

I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):

·           Clause 32.2(a) – Eligible Casual Employee;
·           Clause 33.1(a)(iv) – Amount of paid personal/carer’s leave; and
·           Clause 37.4 – Alternative Public Holidays.

However, noting clause 4.1 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 March 2024. The nominal expiry date of the Agreement is 31 December 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Aruma Services Victoria Ltd, trading as Aruma Services, applied for approval of the Aruma Disability Services Enterprise Agreement (Victoria) 2022-2025. The agreement was intended to govern the employment conditions of workers in the disability services sector. The application arose under the Fair Work Act 2009, which provides a process for the approval and registration of enterprise agreements. The primary dispute involved the terms and conditions outlined in the proposed agreement, including wages, hours of work, and other employment-related matters.

The legal issues before the commission centred on whether the agreement met the requirements of the Fair Work Act. Specifically, the commission had to determine if the agreement was a "single, clear and concise" document as required by section 230 of the Act. It also had to assess whether the agreement had been made in good faith and if it provided for a proper process for the resolution of disputes. Furthermore, the commission examined whether the agreement appropriately addressed the needs of both the employer and employees, ensuring fairness and balance in the terms and conditions set out.

The commission found that the agreement was a single, clear, and concise document that met the statutory requirements. It confirmed that the agreement had been made in good faith and contained provisions for the resolution of disputes. The commission also considered the fairness of the terms and conditions and concluded that the agreement provided for a balanced and equitable set of employment conditions. Based on these findings, the commission approved the agreement, noting that it would be registered and would apply to the relevant employees from the specified commencement date.

The final orders of the commission were that the Aruma Disability Services Enterprise Agreement (Victoria) 2022-2025 be approved and registered under the Fair Work Act. The agreement was to come into effect from the date of registration, governing the employment conditions of the relevant workers for the specified period. The commission directed that the agreement be provided to the relevant parties and published on the Fair Work Commission's website to ensure transparency and accessibility.

Aruma Services Victoria Ltd T/A Aruma Services

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established