DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Javas Care Pty Ltd T/A Just Better Care Illawarra Southern Highlands
(AG2015/33)

JAVAS CARE PTY LTD ENTERPRISE AGREEMENT 2015

Social, community, home care and disability services
COMMISSIONER SIMPSON	BRISBANE, 22 JANUARY 2015

Application for approval of the JAVAS Care Pty Ltd Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the JAVAS Care Pty Ltd Enterprise Agreement 2015 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Javas Care Pty Ltd. The agreement is a single enterprise agreement.

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

[3] The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves an application for the approval of the Javas Care Pty Ltd Enterprise Agreement 2015 by the Fair Work Commission. Javas Care Pty Ltd, trading as Just Better Care Illawarra Southern Highlands, sought the commission's approval for the proposed enterprise agreement. The Fair Work Commission was tasked with determining whether the agreement met the necessary legal standards for approval under the Fair Work Act 2009.

The central legal issues that the Fair Work Commission had to decide included whether the agreement was genuinely negotiated, whether it provided for appropriate minimum terms and conditions, and if it complied with the relevant provisions of the Fair Work Act. The commission also had to consider whether the agreement was in the best interests of the employees and whether it was free from any improper influence or coercion.

The Fair Work Commission found that the enterprise agreement was genuinely negotiated and met the criteria for approval. The commission noted that the agreement provided for terms and conditions that were no less favourable than the applicable awards and included provisions for dispute resolution. The commission was satisfied that the agreement was in the best interests of the employees and did not contain any terms that were contrary to public policy. Consequently, the commission approved the application for the enterprise agreement. The approval ensures that the terms and conditions set out in the agreement will apply to the employees covered by it, providing a framework for their employment relationship.

Javas Care Pty Ltd T/A Just Better Care Illawarra Southern Highlands

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established