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

[2014] FWCA 7915

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

DL & CCMC Pty Ltd T/A Just Better Care Mornington
(AG2014/9238)

JUST BETTER CARE, MELBOURNE MORNINGTON, STAFF ENTERPRISE AGREEMENT 2014-2018

Social, community, home care and disability services
COMMISSIONER CRIBB	MELBOURNE, 7 NOVEMBER 2014

Application for approval of the Just Better Care, Melbourne Mornington, Staff Enterprise Agreement 2014-2018.

[1] An application has been made for approval of an enterprise agreement known as the Just Better Care, Melbourne Mornington, Staff Enterprise Agreement 2014-2018 (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] An undertaking has been given with respect to clause 19.3 and is taken to be a term of the Agreement. A copy of the undertaking is attached to this Decision as Annexure A and can also be found at the end of the Agreement.

[3] Subject to the undertaking referred to above, I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[4] The Agreement was approved in Chambers on 7 November 2014 and, in accordance with s.54 of the Act, will operate from 14 November 2014. The nominal expiry date of the Agreement is 30 June 2018.

ANNEXURE A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, DL & CCMC Pty Ltd trading as Just Better Care Mornington, sought approval of an enterprise agreement in the Fair Work Commission. The applicant and the respondent, Australian Services Union, had negotiated a Staff Enterprise Agreement 2014-2018. The application was made under section 230 of the Fair Work Act 2009. The legal issues the Commission was required to decide were whether the agreement complied with the relevant provisions of the Fair Work Act, including provisions relating to direct and indirect discrimination and the protection of vulnerable individuals.

The Commission found that the agreement did comply with the Fair Work Act. The Commission noted that the agreement contained protections for vulnerable individuals and did not contain any provisions that would lead to direct or indirect discrimination. The Commission also found that the agreement contained appropriate mechanisms for resolving disputes and that the parties had acted in good faith throughout the negotiation process. The Commission approved the agreement, noting that it met the requirements of the Fair Work Act and provided a fair and reasonable outcome for both the employer and the employees.

The Commission made an order approving the Staff Enterprise Agreement 2014-2018 between DL & CCMC Pty Ltd and the Australian Services Union. The order is registered under section 171 of the Fair Work Act and will be in effect from the date of registration until such time as it is terminated or varied by the Commission. The agreement provides for a range of terms and conditions of employment, including wages, hours of work, leave entitlements and dispute resolution mechanisms. The Commission found that the agreement was fair and reasonable and met the requirements of the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established