Australian Unity Care Services Pty Ltd

[2022] FWCA 66

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Australian Unity Care Services Pty Ltd
(AG2021/8497)

AUSTRALIAN UNITY CARE ADMINISTRATION ENTERPRISE AGREEMENT 2022

Aged care industry
DEPUTY PRESIDENT MANSINI	MELBOURNE, 12 JANUARY 2021

Application for approval of the Australian Unity Care Administration Enterprise Agreement 2022.

[1] Application has been made for approval of a single enterprise agreement known as the Australian Unity Care Administration Enterprise Agreement 2022 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act).

[2] Australian Unity Care Services Pty Ltd sought to correct a typographical error in the original application, which was not opposed by the bargaining representative. In the circumstances, I am satisfied that the amendment should be allowed and that it is appropriate to do so pursuant to s.586 of the Act.

[3] Since the application was made, concerns about whether the Agreement passes the “better off overall” test were raised by and with the Commission. Further information was provided and written undertakings were given in accordance with s.190 of the Act (attached at Annexure A (Undertakings)). The bargaining representatives did not oppose the Undertakings. 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. Pursuant to s.201(3) of the Act, the Undertakings are taken to be terms of the Agreement.

[4] On the basis of the material contained in the application, further information provided on request of the Commission and the Undertakings, 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.

[5] The Community and Public Sector Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act. In accordance with s.201(2), I note that the Agreement covers this organisation.

[6] The Agreement was approved on 12 January 2022 and, in accordance with s.54, will operate from 19 January 2022. The nominal expiry date of the Agreement is 30 June 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Australian Unity Care Services Pty Ltd, an entity engaged in providing aged care services, sought approval for the Australian Unity Care Administration Enterprise Agreement 2022. This application was brought before the Fair Work Commission to ensure the agreement met the necessary standards for fair and reasonable terms of employment. The primary dispute involved whether the terms and conditions outlined in the proposed agreement were in line with the Fair Work Act 2009 and whether they adequately safeguarded the rights and interests of employees.

The legal issues the court had to resolve encompassed whether the agreement appropriately balanced the interests of both employers and employees, ensuring it provided fair and reasonable terms without unduly disadvantaging either party. Additionally, the court needed to verify that the agreement complied with all relevant legislative requirements, including provisions that ensured employees were not subjected to unjustifiable hardship. The court also assessed whether the agreement contained necessary protections and provisions for employee entitlements, including minimum wages, leave entitlements, and other benefits.

In delivering its decision, the court meticulously reviewed the proposed agreement against the statutory criteria established under the Fair Work Act. The court found that the agreement met all the necessary conditions, providing fair and reasonable terms for employees while also accommodating the legitimate operational needs of the employer. The court concluded that the agreement was in the best interests of both parties and approved it, ensuring that employees were protected and employers could operate effectively. The approval was based on the comprehensive review of the agreement's provisions and its alignment with legislative standards.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established