DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Churches of Christ Community Care in NSW T/A Fresh Hope Care
(AG2018/1325)

FRESH HOPE CARE HOME CARE ENTERPRISE AGREEMENT 2017

Social, community, home care and disability services
COMMISSIONER SAUNDERS	NEWCASTLE, 3 OCTOBER 2018

Application for approval of the Fresh Hope Care Home Care Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Fresh Hope Care 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 Churches of Christ Community Care in NSW T/A Fresh Hope Care. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings (the 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.

[5] Subject to 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.

[6] The Health Services Union of Australia and Australian Nursing and Midwifery Federation 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.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 October 2018. The nominal expiry date of the Agreement is 30 October 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The application for approval of the Fresh Hope Care Home Care Enterprise Agreement 2017 was brought before the Fair Work Commission by the Churches of Christ Community Care in NSW T/A Fresh Hope Care. The agreement in question seeks to regulate the terms and conditions of employment for employees who are involved in the provision of home care services. The matter was heard in the Fair Work Commission, which has the authority to approve enterprise agreements under the Fair Work Act 2009.

The primary legal issues that the Fair Work Commission needed to address were whether the agreement was a validly negotiated agreement and whether it met the statutory requirements for approval. Specifically, the Commission had to determine if the agreement had been fairly and genuinely negotiated and if it provided for the appropriate minimum terms and conditions of employment as stipulated by the Fair Work Act. Additionally, the Commission needed to consider whether the agreement was in the best interests of the employees it covered.

The Fair Work Commission found that the Fresh Hope Care Home Care Enterprise Agreement 2017 was indeed a validly negotiated agreement. The evidence presented showed that the agreement had been negotiated in good faith and that it contained provisions that met the statutory requirements. The Commission also determined that the agreement provided for the minimum terms and conditions of employment as required by the Act and that it was in the best interests of the employees. As a result, the application for approval was successful.

The Fair Work Commission approved the Fresh Hope Care Home Care Enterprise Agreement 2017, confirming that it was a genuine and fair agreement that met all statutory requirements. The Commission's decision was based on the evidence provided, which demonstrated the agreement's validity and its alignment with the minimum standards set out by the Fair Work Act.

Churches of Christ Community Care in NSW T/A Fresh Hope Care

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established