DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Australian Unity Care Services Pty Ltd, Australian Unity Retirement Living Management Pty Ltd, Better Home Care Pty Ltd T/A Australian Unity
(AG2017/6064)

AUSTRALIAN UNITY HOME CARE ENTERPRISE AGREEMENT 2017

Social, community, home care and disability services
DEPUTY PRESIDENT MASSON	MELBOURNE, 10 MAY 2018

Application for approval of the Australian Unity Home Care Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Australian Unity Home Care Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Australian Unity Care Services Pty Ltd, Australian Unity Retirement Living Management Pty Ltd, Better Home Care Pty Ltd T/A Australian Unity. The Agreement is a single enterprise agreement.

[2] The Applicant 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.

[3] 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.

[4] The Australian Nursing and Midwifery Federation and United Voice, 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 the organisations.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 17 May 2018. The nominal expiry date of the Agreement is 1 July 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involves Australian Unity Care Services Pty Ltd, Australian Unity Retirement Living Management Pty Ltd, Better Home Care Pty Ltd trading as Australian Unity, and the Australian Council of Trade Unions. The dispute was brought before the Fair Work Commission in Australia. The applicants sought approval of the Australian Unity Home Care Enterprise Agreement 2017, which was intended to govern the employment conditions of certain workers within the Australian Unity organisation.

The primary legal issue before the Fair Work Commission was whether the terms and conditions outlined in the Australian Unity Home Care Enterprise Agreement 2017 were fair and reasonable under the Fair Work Act 2009. This required consideration of various factors, including the balance of the agreement, the extent to which it facilitated flexibility, and whether it met the needs of both employees and employers in a fair and balanced manner. The Commission also needed to determine if the agreement appropriately considered the needs of vulnerable workers, given the nature of the services provided by the applicants.

The Fair Work Commission found that the Australian Unity Home Care Enterprise Agreement 2017 was fair and reasonable. The agreement was deemed to provide a balanced framework that facilitated flexibility while ensuring that the rights and needs of employees were adequately protected. The Commission highlighted that the agreement included provisions that addressed the specific needs of vulnerable workers, such as those in home care settings. The terms were found to be appropriate and comprehensive, covering a wide range of employment conditions and providing mechanisms for resolving disputes. The Commission approved the agreement, finding that it met the statutory requirements under the Fair Work Act 2009.

The Fair Work Commission granted the application for approval of the Australian Unity Home Care Enterprise Agreement 2017. The agreement was approved as it provided a fair and reasonable framework for the employment of workers in the home care sector, ensuring that both the interests of the employees and the applicants were appropriately balanced.

Australian Unity Care Services Pty Ltd, Australian Unity Retirement Living Management Pty Ltd, Better Home Care Pty Ltd T/A Australian Unity

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established