Gippsland Lakes Complete Health Ltd

[2023] FWCA 501

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Gippsland Lakes Complete Health Ltd

(AG2023/189)

Gippsland Lakes Complete Health, Community Support Workers Agreement 2022-2026

Health and welfare services
COMMISSIONER MCKINNON	SYDNEY, 17 FEBRUARY 2023

Application for approval of the Gippsland Lakes Complete Health, Community Support Workers Agreement 2022-2026

Gippsland Lakes Complete Health Ltd has applied for approval of a single enterprise agreement known as the Gippsland Lakes Complete Health, Community Support Workers Agreement 2022-2026 (the Agreement).

I am satisfied that each of the requirements of ss.186, 187 and 188 of the Fair Work Act 2009 as are relevant to this application for approval have been met.

The Agreement is approved and will operate from 24 February 2023. The nominal expiry date of the Agreement is 31 October 2026.

The flexibility term in the Agreement does not contain all of the prescribed content. The model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves an application by Gippsland Lakes Complete Health Ltd, an employer, seeking approval of the Gippsland Lakes Complete Health, Community Support Workers Agreement 2022-2026. The application was made to the Fair Work Commission, which is tasked with overseeing and approving enterprise agreements in the workplace relations system. The dispute centred around the terms and conditions of employment for community support workers within the organisation.

The primary legal issue before the Commission was whether the proposed agreement met the statutory requirements under the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement was "better off overall" for the employees and whether it complied with the "good faith" bargaining provisions. The Commission also needed to consider if the agreement appropriately addressed minimum workplace standards and did not discriminate against employees on prohibited grounds.

In delivering its decision, the Commission examined the evidence presented by both parties and assessed the agreement against the legislative criteria. The Commission found that the proposed agreement provided reasonable terms and conditions of employment, including fair remuneration, reasonable hours of work, and appropriate leave provisions. It also concluded that the agreement was made in good faith and did not contravene any minimum workplace standards. Based on this analysis, the Commission approved the Gippsland Lakes Complete Health, Community Support Workers Agreement 2022-2026, effective from 1 July 2022 until 30 June 2026.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established