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

[2021] FWCA 3828

[2021] FWCA 3828

FAIR WORK COMMISSION

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

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Annexure A