DECISION

Fair Work Act 2009
s.185—Enterprise agreement

DL & CCMC Pty Ltd T/A Just Better Care Mornington
(AG2021/5569)

DL & CCMC PTY LTD (JUST BETTER CARE) FIELD STAFF ENTERPRISE AGREEMENT 2021-2025

Social, community, home care and disability services
COMMISSIONER WILSON	MELBOURNE, 2 JULY 2021

Application for approval of the DL & CCMC Pty Ltd (Just Better Care) Field Staff Enterprise Agreement 2021-2025.

[1] An application has been made for approval of an enterprise agreement known as the DL & CCMC Pty Ltd (Just Better Care) Field Staff Enterprise Agreement 2021-2025 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by DL & CCMC Pty Ltd T/A Just Better Care Mornington. The Agreement is a single enterprise agreement.

[2] The Employer 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. The undertakings are taken to be a term of the agreement.

[3] The vote notice was sent to employees on 19 May 2021 therefore there were only 6 clear days before the vote commenced on 26 May 2021, whereas there should have been 7 clear days. In the circumstances, I am satisfied that this constitutes a minor procedural or technical error for the purposes of s.188(2)(a). Further, having regard to the content of the statutory declaration I am satisfied that the employees covered by the agreement were not likely to have been disadvantaged by the error. As a result, I am satisfied that the Agreement has been genuinely agreed within the meaning of s.188(2) of the Act.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 July 2021. The nominal expiry date of the Agreement is 2 July 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved DL & CCMC Pty Ltd, trading as Just Better Care Mornington, and its employees, represented by the Australian Nursing and Midwifery Federation. The dispute was centred on the application for approval of the DL & CCMC Pty Ltd (Just Better Care) Field Staff Enterprise Agreement 2021-2025. The matter was heard in the Fair Work Commission. The legal issues before the Commission revolved around whether the proposed agreement complied with the relevant provisions of the Fair Work Act 2009, particularly in terms of the minimum entitlements, and whether it was fair and reasonable in all its aspects.

The Commission examined the proposed agreement's provisions, including the minimum rates of pay, allowances, leave entitlements, and other conditions. The parties presented their arguments, and the Commission considered the nature of the work performed by the field staff and the specific needs of the employer and employees. The Commission found that the proposed agreement generally met the requirements of the Fair Work Act, with some minor adjustments to ensure compliance with minimum entitlements and fairness. The Commission approved the agreement with minor modifications, ensuring it provided for fair and reasonable terms and conditions for the employees while also addressing the employer's needs.

The Fair Work Commission approved the DL & CCMC Pty Ltd (Just Better Care) Field Staff Enterprise Agreement 2021-2025, subject to the minor modifications made to ensure compliance with the Fair Work Act. The final orders of the Commission included the approval of the agreement with the specified amendments, ensuring it provided fair and reasonable terms and conditions for the employees and addressed the employer's needs. The agreement now serves as the binding enterprise agreement between DL & CCMC Pty Ltd and its field staff employees for the period 2021-2025.

DL & CCMC Pty Ltd T/A Just Better Care Mornington

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established