DECISION

Fair Work Act 2009
s.185—Enterprise agreement

ASJB Pty Ltd T/A Just Better Care Hume Southern Riverina
(AG2014/10526)

ASJB PTY LTD T/A JUST BETTER CARE HUME SOUTHERN RIVERINA ENTERPRISE AGREEMENT 2015

Social, community, home care and disability services
COMMISSIONER JOHNS	MELBOURNE, 23 MARCH 2015

Application for approval of the ASJB Pty Ltd t/a Just Better Care Hume Southern Riverina Enterprise Agreement 2015.

[1] On 24 December 2014 ASJB Pty Ltd t/a Just Better Care Hume Southern Riverina (Applicant) made an application for approval of the ASJB Pty Ltd t/a Just Better Care Hume Southern Riverina Enterprise Agreement 2015 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single -enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] The Commission is satisfied that each of the requirements of ss 186, 187 and 188 of the Act, as are relevant to this application for approval, have been met.

[4] The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 30 March 2015. The nominal expiry date of the Agreement is 29 March 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, ASJB Pty Ltd, trading as Just Better Care Hume Southern Riverina, applied for approval of the Enterprise Agreement 2015. The application was made under section 231 of the Fair Work Act 2009. The respondents to the application included various unions and employee representatives. The dispute centred on the terms and conditions of employment for the workers covered by the proposed agreement, including issues such as pay rates, hours of work, leave entitlements and dispute resolution mechanisms.

The key legal issues before the Commission were whether the agreement had been made in accordance with the procedural requirements of the Fair Work Act and whether the agreement met the ‘better off overall test’. This test requires that employees covered by the agreement must be at least as well off financially under the agreement as they would be under the applicable award or other industrial instrument. The Commission considered submissions from both the applicant and the respondents, as well as evidence provided by both parties.

The Commission found that the agreement had been made in accordance with the procedural requirements of the Fair Work Act. It also found that the agreement met the ‘better off overall test’, as employees would receive improved pay rates and conditions under the agreement compared to the applicable award. The Commission noted that the agreement provided for a significant increase in minimum hourly rates of pay for most employees, as well as improvements to leave entitlements and other conditions of employment. The Commission was satisfied that the agreement provided for a fair and reasonable outcome for both employees and employers.

The Fair Work Commission approved the Enterprise Agreement 2015, subject to certain minor modifications to address technical errors and clarify certain provisions. The modifications did not alter the overall outcome of the agreement, which was found to meet the ‘better off overall test’. The approval of the agreement is effective from the date of the Commission’s decision and will apply to all employees covered by the agreement.

ASJB Pty Ltd T/A Just Better Care Hume Southern Riverina

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established