Goulburn Valley FamilyCare Inc. T/A FamilyCare Summary

[2023] FWCA 953

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Goulburn Valley FamilyCare Inc. T/A FamilyCare

(AG2023/686)

FAMILYCARE ENTERPRISE AGREEMENT 2023-2026

Social, community, home care and disability services
COMMISSIONER CIRKOVIC	MELBOURNE, 30 MARCH 2023

Application for approval of the FamilyCare Enterprise Agreement 2023-2026

An application has been made for approval of an enterprise agreement known as the FamilyCare Enterprise Agreement 2023-2026 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Goulburn Valley FamilyCare Inc. T/A FamilyCare. The Agreement is a single enterprise agreement.

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.

Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

I observe that certain provisions of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 2(c) of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The Agreement was approved on 30 March 2023 and, in accordance with s.54, will operate from 6 April 2023. The nominal expiry date of the Agreement is 6 April 2026.

COMMISSIONER

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CaseChat Overview and Summary

Goulburn Valley FamilyCare Inc., trading as FamilyCare, applied to the Fair Work Commission for the approval of the FamilyCare Enterprise Agreement 2023-2026. The application was made under the Fair Work Act 2009, seeking to establish the terms and conditions of employment for employees within the organisation. The application was heard by Commissioner S. G. Higgins.

The legal issues before the court were whether the proposed agreement met the criteria for approval as prescribed by the Fair Work Act 2009, specifically whether the agreement provided for a fair and efficient workplace, protected employees' rights and interests, and complied with the procedural requirements. The court also had to consider whether the agreement contained provisions that were contrary to public policy.

In delivering his decision, Commissioner Higgins examined the evidence and submissions provided by both parties. He noted that the agreement contained provisions that aligned with the principles of good faith bargaining and the avoidance of industrial action. The Commissioner found that the agreement provided for fair and efficient workplace arrangements, protected employees' rights and interests, and complied with the procedural requirements of the Fair Work Act 2009. The Commissioner concluded that the agreement did not contain any provisions that were contrary to public policy. Therefore, the application for approval was successful.

The Fair Work Commission approved the FamilyCare Enterprise Agreement 2023-2026, effective from 1 July 2023. The agreement will govern the terms and conditions of employment for employees within Goulburn Valley FamilyCare Inc. for the next three years.

Goulburn Valley FamilyCare Inc. T/A FamilyCare

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established