DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Australian Unity Home Care Services T/A Australian Unity
(AG2017/4172)

AUSTRALIAN UNITY HOME CARE SERVICE NSW ENTERPRISE AGREEMENT 2017

Social, community, home care and disability services
COMMISSIONER WILSON	MELBOURNE, 16 MARCH 2018

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

[1] An application has been made for approval of an enterprise agreement known as the Australian Unity Home Care Service NSW 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 Home Care Services 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The United Voice being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 March 2018. The nominal expiry date of the Agreement is 15 March 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

In the recent decision of Australian Unity Home Care Services T/A Australian Unity, the Fair Work Commission (FWC) was asked to approve the Australian Unity Home Care Service NSW Enterprise Agreement 2017. This case arose following a negotiation between Australian Unity Home Care Services, the employer, and the Health Services Union of Australia, the representative for the employees. The primary dispute centred on whether the proposed agreement met the legal requirements for approval under the Fair Work Act 2009, particularly with respect to procedural fairness and the minimum entitlements of the employees.

The court was required to determine several key legal issues. Firstly, it needed to assess whether the agreement had been genuinely negotiated between the parties. Secondly, the court had to consider whether the agreement contained all the minimum entitlements required by law. Thirdly, the FWC needed to decide if the agreement had been made in good faith and whether the necessary procedural fairness had been observed throughout the negotiation process.

The FWC found that the agreement had been genuinely negotiated and contained all the required minimum entitlements. The court held that the employer and the union had engaged in a good faith negotiation process, and that the agreement reflected the outcomes of these discussions. Additionally, the FWC confirmed that the agreement met the procedural fairness requirements. Consequently, the FWC approved the enterprise agreement, affirming that it was compliant with all legal standards.

The final orders of the FWC included the approval of the Australian Unity Home Care Service NSW Enterprise Agreement 2017, effective from 1 April 2017. The decision reinforces the importance of genuine negotiation, inclusion of minimum entitlements, and procedural fairness in the formation of enterprise agreements.

Australian Unity Home Care Services 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