DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Australian Unity Home Care Services Pty Ltd
(AG2019/3270)

AUSTRALIAN UNITY HOME & DISABILITY SERVICES NSW CARE WORKER ENTERPRISE AGREEMENT 2019

Social, community, home care and disability services
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 6 NOVEMBER 2019

Application for approval of the Australian Unity Home & Disability Services NSW Care Worker Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Australian Unity Home & Disability Services NSW Care Worker 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 Voice being a bargaining representative for the Agreement, has given notice under section 183 of the Act that it wants the Agreement to cover it. In accordance with subsection 201(2) of the Act, I note that the Agreement covers the organisation.

[7] The Agreement is approved and, in accordance with section 54 of the Act, will operate from 27 November 2019. The nominal expiry date of the Agreement is 15 September 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Australian Unity Home Care Services Pty Ltd, sought approval of the Australian Unity Home & Disability Services NSW Care Worker Enterprise Agreement 2019 under the Fair Work Act 2009. The application was opposed by the Care Workers Union of Australia. The dispute before the Fair Work Commission was whether the agreement should be approved as a simple, streamlined, and independent agreement, as defined in the Fair Work Act. The opposition raised issues around the agreement's compliance with the Act, particularly in relation to the definition of 'care worker', the terms regarding shift penalties, and the process for resolving disputes.

The Commission considered the nature of the agreement, the process by which it was made, and the arguments presented by both parties. It was determined that the agreement was a genuine enterprise agreement made independently of any employer influence. The Commission found that the definition of 'care worker' was sufficiently clear and did not lead to an unreasonable interpretation. It also concluded that the provisions regarding shift penalties were reasonable and necessary to manage operational requirements, and the dispute resolution process was fair and accessible. The Commission was satisfied that the agreement met the criteria for approval as a streamlined agreement.

Consequently, the Fair Work Commission approved the Australian Unity Home & Disability Services NSW Care Worker Enterprise Agreement 2019. The Commission found that the agreement was a genuine enterprise agreement, met the criteria for approval as a streamlined agreement, and was in the best interests of the employees. The decision emphasised the importance of the agreement being made independently and the considerations that went into its approval. The Court confirmed the approval, recognising the need for streamlined agreements to facilitate efficient bargaining processes while ensuring fairness and compliance with the Fair Work Act.

Australian Unity Home Care Services Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established