Heart and Soul CC Pty Ltd

[2023] FWCA 2840

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Heart and Soul CC Pty Ltd

(AG2023/2889)

HEART AND SOUL COMMUNITY CARE ENTERPRISE AGREEMENT 2023

Social, community, home care and disability services
COMMISSIONER LEE	MELBOURNE, 5 SEPTEMBER 2023

Application for approval of the Heart and Soul Community Care Enterprise Agreement 2023

An application has been made for approval of an enterprise agreement known as the Heart and Soul Community Care Enterprise Agreement 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Heart and Soul CC Pty Ltd. 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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 September 2023. The nominal expiry date of the Agreement is 5 September 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Heart and Soul CC Pty Ltd, an entity involved in community care services, applied to the Fair Work Commission for the approval of the Heart and Soul Community Care Enterprise Agreement 2023. The application sought to establish terms and conditions of employment for the workforce. The Fair Work Commission was tasked with determining whether the agreement met the legal requirements and was in the best interest of the employees. The key legal issues revolved around the fairness and compliance of the proposed agreement with the relevant industrial laws.

The court needed to examine if the agreement complied with the Fair Work Act 2009, particularly sections concerning the avoidance of industrial action, procedural fairness, and the provision of a safety net for employees. The court also considered whether the agreement adequately protected employees' rights and provided fair terms of employment. Additionally, the court had to determine if the agreement was made without coercion and if it provided a safety net of minimum entitlements.

The Fair Work Commission found that the agreement was fair and compliant with the relevant industrial laws. The agreement provided a comprehensive safety net of minimum entitlements and was made without any element of coercion. The court concluded that the agreement was in the best interest of the employees and met the legal requirements. Consequently, the commission approved the Heart and Soul Community Care Enterprise Agreement 2023.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established