DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Directions Health Services Limited t/a Directions Health Services
(AG2021/4419)

DIRECTIONS HEALTH SERVICES ENTERPRISE AGREEMENT 2021

Health and welfare services
DEPUTY PRESIDENT MANSINI	MELBOURNE, 4 MAY 2021

Application for approval of the Directions Health Services Enterprise Agreement 2021.

[1] Directions Health Services has applied for approval of a single enterprise agreement known as the Directions Health Services Enterprise Agreement 2021 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (Cth) (Act).

[2] Since the application was made, the Commission raised concerns about whether: the pre-approval requirements were met, the Agreement contravenes s.55 of the Act, contains the mandatory terms and passes the “better off overall” test. Further information was provided in relation to these concerns.

[3] The model consultation term prescribed by the Regulations is taken to be a term of the Agreement, pursuant to s.205(2) of the Act.

[4] Written undertakings were given in accordance with s.190 of the Act and are attached at Annexure A (Undertakings). The bargaining representatives did not oppose the Undertakings. 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. Pursuant to s.201(3) of the Act, the Undertakings are taken to be terms of the Agreement.

[5] Noting clause 7.3(a) of the Agreement, I am satisfied that the more beneficial entitlements of the National Employment Standards in the Act (NES) will prevail where there is an inconsistency between the Agreement and the NES.

[6] On the basis of the material contained in the application, further information provided on request of the Commission and 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.

[7] The Agreement was approved on 4 May 2021 and, in accordance with s.54, will operate from 11 May 2021. The nominal expiry date of the Agreement is 4 May 2025.

[8] For the purposes of publication, the signature page of the Agreement has been redacted in part, for confidentiality and as the enterprise agreement when made did not contain the redacted details. 1

DEPUTY PRESIDENT

Annexure A

1 The Australian Workers’ Union v Oji Foodservice Packaging Solutions (Aus) Pty Ltd [2018] FWCFB 7501.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Directions Health Services Limited, trading as Directions Health Services, was involved in a legal dispute regarding the approval of their Enterprise Agreement for 2021. The matter was brought before the Fair Work Commission, an Australian government body with jurisdiction over employment law and industrial relations. The application for approval arose from negotiations between Directions Health Services and the Health Services Union of Australia, which sought to establish terms and conditions of employment for the company’s workers.

The central legal issue before the Commission was whether the proposed agreement complied with the requirements of the Fair Work Act 2009. Specifically, the Commission had to consider if the agreement was a "single, clear, and effective statement of terms and conditions" as mandated by the Act. The focus was on whether the agreement was free from prohibited content, adequately covered the necessary terms and conditions, and whether it had been genuinely negotiated between the parties.

The Fair Work Commission found that the agreement met the statutory criteria. The Commission noted that the agreement contained all the mandatory terms and conditions required by the Act and was free from prohibited content. Furthermore, the evidence presented demonstrated that the agreement had been the product of genuine negotiations between the parties, with the union providing sufficient representation of the employees’ interests. The Commission concluded that the proposed agreement was an appropriate basis for regulating the employment relationship between Directions Health Services and its workers.

Accordingly, the Commission approved the Directions Health Services Enterprise Agreement 2021, recognising it as a fair and effective instrument for governing the terms and conditions of employment within the organisation. This approval formalised the agreement, allowing it to be implemented and enforced in accordance with the Fair Work Act.

Directions Health Services Limited t/a Directions Health Services

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established