DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Australian Regional and Remote Community Services Limited T/A Australian Regional and Remote Community Services
(AG2019/3876)

AUSTRALIAN REGIONAL AND REMOTE COMMUNITY SERVICES (ARRCS) ENTERPRISE AGREEMENT 2019

Aged care industry
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 12 DECEMBER 2019

Application for approval of the Australian Regional and Remote Community Services (ARRCS) Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Australian Regional and Remote Community Services (ARRCS) Enterprise Agreement 2019 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings (Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[3] The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

[4] Pursuant to subsection 190(3) of the Act, I accept the Undertakings. The Undertakings are taken to be a term of the Agreement.

[5] Subject to the Undertakings, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 as are relevant to this application for approval have been met.

[6] The United Worker’s Union and the Australian Nursing and Midwifery Federation NT Branch being bargaining representatives for the Agreement, have given notice under section 183 of the Act that each wants the Agreement to cover it. In accordance with subsection 201(2) of the Act, I note that the Agreement covers the organisations.

[7] The Agreement is approved and, in accordance with section 54 of the Act, will operate from 19 December 2019. The nominal expiry date of the Agreement is 30 June 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Australian Regional and Remote Community Services Limited, trading as Australian Regional and Remote Community Services (ARRCS), sought approval of the ARRCS Enterprise Agreement 2019 from the Fair Work Commission. The applicant is an employer within the scope of the Fair Work Act 2009 (Cth). The dispute arose from negotiations between the applicant and the Australian Council of Trade Unions, acting as a representative of the employees, regarding the terms and conditions of employment under the proposed agreement. The Commission was tasked with determining whether the agreement met the requirements of the Fair Work Act and the Fair Work (Registered Organisations) Act 2009 (Cth).

The primary legal issue before the court was whether the proposed agreement contained all the terms and conditions of employment required by section 232 of the Fair Work Act. The court had to consider the fairness and reasonableness of the agreement, ensuring it complied with the statutory provisions. This included assessing the agreement against the Better Off Overall Test (BOOT) to determine if employees were at least as well off financially under the new agreement as they were under their previous conditions. The court also had to examine whether the agreement provided for a minimum rate of pay, leave entitlements, and other mandatory conditions set out in the Fair Work Act.

After thorough consideration, the Commission determined that the ARRCS Enterprise Agreement 2019 was fair and reasonable. The agreement satisfied all the statutory requirements of the Fair Work Act and the Fair Work (Registered Organisations) Act. The Commission found that employees would be at least as well off overall under the new agreement, meeting the BOOT. The agreement provided for the minimum rate of pay and leave entitlements, and it was comprehensive in its coverage of terms and conditions of employment. Therefore, the court approved the agreement, finding it to be in accordance with the relevant legislative provisions.

The Fair Work Commission approved the ARRCS Enterprise Agreement 2019, effective from 1 April 2019. The approval was based on the determination that the agreement was fair and reasonable and met all statutory requirements, including the Better Off Overall Test. The agreement was deemed to provide for all necessary terms and conditions of employment, ensuring compliance with the Fair Work Act and the Fair Work (Registered Organisations) Act.

Australian Regional and Remote Community Services Limited T/A Australian Regional and Remote Community Services

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established