DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Calvary Home Care Services Ltd
(AG2020/716)

CALVARY HOME CARE SERVICES LIMITED SUPPORT WORKERS AND ADMINISTRATIVE AND OPERATIONAL EMPLOYEES (NSW AND ACT) - ENTERPRISE AGREEMENT 2019

Social, community, home care and disability services
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 18 MAY 2020

Application for approval of the Calvary Home Care Services Limited Support Workers and Administrative and Operational Employees (NSW and ACT) - Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Calvary Home Care Services Limited Support Workers and Administrative and Operational Employees (NSW and ACT) - 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 Health Services Union of Australia 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 25 May 2020. The nominal expiry date of the Agreement is 31 January 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Calvary Home Care Services Limited applied for approval of its 2019 Enterprise Agreement, which covered support workers and administrative and operational employees in New South Wales and the Australian Capital Territory. The application was made to the Fair Work Commission under the Fair Work Act 2009. The dispute centred on whether the terms and conditions outlined in the proposed agreement complied with the statutory requirements and whether the agreement was in the best interests of the employees it was meant to cover.

The legal issues before the Commission included whether the agreement provided for the minimum entitlements as prescribed by the Act, whether it allowed for a fair level of flexibility and whether the process by which it was negotiated was fair and in compliance with the Act. The Commission also had to consider whether the agreement was appropriately tailored to the specific needs of the employees, and whether it offered appropriate dispute resolution mechanisms.

In reaching its decision, the Commission examined the specific provisions of the Enterprise Agreement against the statutory framework provided by the Fair Work Act 2009. The Commission found that the agreement provided for the minimum entitlements and included provisions that allowed for a reasonable level of flexibility in the workplace. It was also satisfied that the agreement was negotiated fairly and in good faith, and that it was appropriately tailored to the specific needs of the employees. The Commission approved the Enterprise Agreement on the basis that it met the statutory requirements and was in the best interests of the employees.

Calvary Home Care Services Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established