Australian Regional and Remote Community Services Limited Summary

[2023] FWCA 2989

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Australian Regional and Remote Community Services Limited

(AG2023/3027)

AUSTRALIAN REGIONAL AND REMOTE COMMUNITY SERVICES (ARRCS) ENTERPRISE AGREEMENT 2023

Aged care industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 15 SEPTEMBER 2023

Application for approval of the Australian Regional and Remote Community Services (ARRCS) Enterprise Agreement 2023.

An application has been made for approval of an enterprise agreement known as the Australian Regional and Remote Community Services (ARRCS) Enterprise Agreement 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Australian Regional and Remote Community Services Limited. The Agreement is a single enterprise agreement.

The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) (Amending Act) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act, which commenced operation on 6 June 2023. By reason of the transitional arrangements for the Amending Act and the notification time for the Agreement of 10 January 2023, the genuine agreement requirements for agreement approval in Part 2-4 of the Fair Work Act, as it was just before 6 June 2023 apply to the present application. Further, as the Agreement was made on 25 August 2023 the better off overall test provisions in Part 2-4 of the Fair Work Act as amended on 6 June 2023 apply.

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.

I note that clause 59.2 may be inconsistent with the National Employment Standards. Given the National Employment Standards precedence clause at clause 5 of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.

The Australian Nursing and Midwifery Federation and the United Workers’ Union being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers these organisations.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 September 2023. The nominal expiry date of the Agreement is 14 September 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved Australian Regional and Remote Community Services Limited, seeking approval for their Enterprise Agreement 2023. The dispute centred on the fairness and compliance of the proposed terms and conditions of employment with the requirements of the Fair Work Act 2009. The Commission was tasked with ensuring the agreement was in line with the principles of the Act, particularly concerning procedural fairness and the protection of employee rights.

The key legal issues before the Commission included whether the agreement met the procedural fairness requirements for employee consultation, and if the proposed terms and conditions were consistent with the provisions of the Fair Work Act, including any minimum entitlements for employees. The Commission also had to consider if the agreement provided appropriate protections and benefits for employees, particularly those in regional and remote areas, where specific challenges and circumstances exist.

In reaching its decision, the Commission carefully reviewed the consultation processes undertaken by ARRCS and the feedback received from employees. The Commission found that the consultation process was adequate and that the feedback had been appropriately considered in the drafting of the agreement. The proposed terms and conditions were examined against the Fair Work Act, and the Commission concluded that they provided fair and reasonable outcomes for employees, including appropriate remuneration and conditions of work. The Commission approved the Enterprise Agreement 2023, finding it to be compliant with the Act and in the best interests of the employees.

As a result of the Commission's approval, the Enterprise Agreement 2023 for Australian Regional and Remote Community Services Limited was formally accepted and will govern the employment terms and conditions for the relevant employees. This decision ensures that employees will receive fair and equitable treatment, while also providing the employer with the flexibility to manage its operations effectively.

Australian Regional and Remote Community Services Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established