Australian Unity Care Services Pty Ltd

[2022] FWCA 66

[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

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Annexure A