DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Flexi Care Inc.
(AG2014/7931)

FLEXI CARE INC CARE PROVIDERS ENTERPRISE AGREEMENT 2014

Social, community, home care and disability services
COMMISSIONER JOHNS	MELBOURNE, 9 DECEMBER 2014

Application for approval of the Flexi Care Inc Care Providers Enterprise Agreement 2014.

[1] On 21 October 2014 Miles Witt Partnership on behalf of Flexi Care Inc. (Applicant) made an application for approval of the Flexi Care Inc Care Providers Enterprise Agreement 2014 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single-enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] The Commission is satisfied that each of the requirements of ss 186, 187 and 188 of the Act, as are relevant to this application for approval, have been met.

[4] The United Voice, being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it wants the Agreement to cover it. In accordance with s 201(2), the Commission notes that the Agreement covers this organisation.

[5] The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 16 December 2014. The nominal expiry date of the Agreement is 8 September 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Flexi Care Inc. recently brought an application before the Fair Work Commission seeking approval of the Care Providers Enterprise Agreement 2014. The dispute centred around the proposed terms and conditions of employment for the care providers employed by Flexi Care Inc. The agreement sought to establish various conditions, including pay rates, hours of work, and leave entitlements.

The primary legal issue the court had to address was whether the agreement met the statutory requirements set out in the Fair Work Act 2009. Specifically, the court needed to determine if the agreement complied with the 'better off overall test', which requires that employees be no worse off financially under the new agreement compared to their previous conditions. Furthermore, the court examined whether the agreement adhered to the provisions concerning minimum wages and allowable deductions from employee pay.

The Fair Work Commission found that the proposed agreement did satisfy the better off overall test and did not contain any provisions that contravened the statutory minimum wages or allowable deductions. The Commission highlighted that the agreement provided for fair compensation and reasonable working conditions. Consequently, the court approved the Care Providers Enterprise Agreement 2014. The approval was based on the finding that the agreement was fair and reasonable in all respects.

Flexi Care Inc.

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established