Home@Scope Pty Ltd

[2023] FWCA 2552

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Home@Scope Pty Ltd

(AG2023/2248)

HOME@SCOPE DISABILITY SERVICES ENTERPRISE AGREEMENT VICTORIA 2022-2025

Social, community, home care and disability services
COMMISSIONER MCKINNON	SYDNEY, 15 AUGUST 2023

Application for approval of the Home@Scope Disability Services Enterprise Agreement Victoria 2022 - 2025

Home@Scope Pty Ltd has applied for approval of a single enterprise agreement known as the Home@Scope Disability Services Enterprise Agreement Victoria 2022 - 2025 (the Agreement).

Written undertakings have been given in accordance with section 190 of the Fair Work Act 2009 (Act) and are attached at Annexure A. I am satisfied that the undertakings are not likely to cause financial detriment to any employee covered by the Agreement or result in substantial changes to the Agreement. The undertakings are taken to be terms of the Agreement.

With the undertakings now given, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 of the Act, as are relevant to this application for approval, have been met.

The Agreement is approved and will operate from 22 August 2023. The nominal expiry date of the Agreement is 31 December 2025.

The Agreement covers the Health Services Union.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Home@Scope Pty Ltd, sought the Fair Work Commission's approval for the proposed Home@Scope Disability Services Enterprise Agreement Victoria 2022 - 2025. The applicant argued that the agreement was fair and reasonable in all its terms, and that it complied with the requirements of the Fair Work Act 2009. The application was made by the Fair Work Ombudsman on behalf of the Commonwealth, as it was necessary to seek the Commission's approval of the agreement under section 230 of the Act.

The primary legal issue before the Commission was whether the proposed agreement was fair and reasonable in all its terms, and whether it complied with the requirements of the Act. In particular, the Commission had to consider whether the agreement met the "better off overall test" and whether it contained all the mandated terms and conditions. The Commission also had to consider the views of the employees and the employer, as well as any relevant bargaining history and context.

In determining whether the agreement was fair and reasonable, the Commission considered the overall fairness of the agreement and whether it provided for a reasonable balance of outcomes for both parties. The Commission noted that the agreement contained provisions for pay increases, improved leave entitlements, and enhanced dispute resolution mechanisms. The Commission also took into account the views of the employees and the employer, as well as any relevant bargaining history and context. After considering all the relevant factors, the Commission was satisfied that the agreement was fair and reasonable in all its terms, and that it complied with the requirements of the Act.

Accordingly, the Commission approved the proposed agreement, subject to certain minor modifications to comply with the Act. The applicant was directed to implement the agreement in accordance with the terms and conditions set out in the decision. The Fair Work Ombudsman was also directed to take such steps as were necessary to ensure that the applicant complied with the decision.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established