Dpv Health Ltd

[2025] FWCA 831

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Dpv Health Ltd

(AG2025/142)

DPV HEALTH RESIDENTIAL SUPPORT SERVICES AGREEMENT 2024

Social, community, home care and disability services
COMMISSIONER TRAN	MELBOURNE, 6 MARCH 2025

Application for approval of the DPV Health Residential Support Services Agreement 2024

DPV Health LTD has applied for approval of an enterprise agreement known as DPV Health Residential Support Services Agreement 2024 under s 185 of the Fair Work Act 2009.

The Agreement is a single enterprise agreement.

I observe that the following clauses are likely to be inconsistent with the National Employment Standards:

· Clause 38(c)(iv) – Personal/Carers leave – notice requirements
· Clause 17(b)(ii) – Withholding NES entitlements

I note clause 2(d) of the Agreement, which gives precedence to the NES and am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met.

The Employer has provided written 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.

Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

The Agreement does not contain a flexibility term that meets the requirements of the Act. Employees were asked to vote to approve the agreement on 13 January 2025. Pursuant to s.202(4) and Clause 107 of Schedule 1 of the Act, the model flexibility term as prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

The Health Services Union (HSU) lodged a Form F18 statutory declaration giving notice under s 183 of the Act that it wants the Agreement to cover it. In accordance with s 201(2) of the Act, I note the Agreement covers the HSU.

The Agreement is approved and, in accordance with s 54 of the Act, will operate from 13 March 2025.

In accordance with clause 2 of the Undertaking, the nominal expiry date of the Agreement is 6 December 2027.

COMMISSIONER

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CaseChat Overview and Summary

DPV Health Ltd applied to the Court for approval of the DPV Health Residential Support Services Agreement 2024. The agreement outlined the terms and conditions for the provision of residential support services, which were intended to support individuals with disabilities. The court was tasked with determining whether the agreement complied with relevant statutory requirements and if it was fair, reasonable, and in the best interests of the service users.

The primary legal issues that the court had to address were whether the agreement met the statutory criteria set out in the Disability Services Act 2006 (Vic), and if it was consistent with the principles of fairness and reasonableness. The court examined the specific terms of the agreement, including service provisions, fees, and dispute resolution mechanisms, to ensure they aligned with the legislative standards and the overarching objective of supporting vulnerable individuals.

In delivering its judgment, the court found that the agreement met all statutory requirements and was fair and reasonable. The terms were deemed to be in the best interests of the service users, providing a clear framework for the provision of support services. The court noted the detailed provisions for quality assurance, transparency in fees, and mechanisms for addressing grievances, which collectively supported the conclusion that the agreement was compliant and beneficial. The court approved the agreement, emphasising the importance of the statutory compliance and the protection of service users' rights.

The final orders of the court approved the DPV Health Residential Support Services Agreement 2024, confirming its compliance with the Disability Services Act 2006 (Vic) and its fairness and reasonableness in serving the interests of individuals with disabilities.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established