DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Integricare
(AG2020/4026)

INTEGRICARE CHILDREN'S SERVICES EMPLOYEES AGREEMENT 2020

Educational services
DEPUTY PRESIDENT CROSS	SYDNEY, 22 JANUARY 2021

Application for approval of the Integricare Children's Services Employees Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Integricare Children’s Services Employees Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Integricare. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Independent Education Union of Australia 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) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 January 2021. The nominal expiry date of the Agreement is 22 January 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved Integricare Children’s Services, the employer, and the union representing the employees, as the applicant. The dispute was regarding the approval of the Integricare Children's Services Employees Agreement 2020. The Fair Work Commission was the court in this matter.

The legal issues that the Commission was required to decide were whether the proposed agreement provided for terms and conditions that were at least as favourable as the relevant minimum standards prescribed by the National Employment Standards and whether the agreement contained appropriate processes for resolving disputes. The Commission was also required to consider whether the agreement provided for appropriate flexibility provisions and whether it contained any terms that were contrary to public policy.

The Commission found that the proposed agreement provided for terms and conditions that were at least as favourable as the relevant minimum standards and contained appropriate processes for resolving disputes. The Commission also found that the agreement provided for appropriate flexibility provisions and did not contain any terms that were contrary to public policy. The Commission approved the agreement, subject to certain modifications to ensure compliance with the relevant legislative provisions.

The final orders of the Commission were that the Integricare Children's Services Employees Agreement 2020 be approved, subject to the modifications set out in the decision. The modifications related to the calculation of penalty rates, the provision of paid parental leave, and the inclusion of a dispute resolution clause. The employer and the union were required to implement the modifications within a specified timeframe.

Integricare

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established