DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Jubilee Community Care Incorporated
(AG2016/3888)

JUBILEE COMMUNITY CARE ENTERPRISE AGREEMENT 2016

Social, community, home care and disability services
COMMISSIONER SAUNDERS	NEWCASTLE, 20 SEPTEMBER 2016

Application for approval of the Jubilee Community Care Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Jubilee Community Care Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Jubilee Community Care Incorporated.The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings (the Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[3] The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

[4] Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

[5] Subject to the Undertakings, 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.

[6] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[7] United Voice 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.

[8] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 September 2016. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Jubilee Community Care Incorporated, a not-for-profit organisation, applied to the Fair Work Commission for approval of the Jubilee Community Care Enterprise Agreement 2016. The applicants were Jubilee Community Care Incorporated and the Australian Services Union (ASU), representing the employees. The dispute centred on the terms and conditions of employment under the proposed enterprise agreement, including wages, hours of work, and other employment-related matters. The case was heard by the Fair Work Commission, which has jurisdiction over such matters under the Fair Work Act 2009.

The legal issues the court had to resolve included whether the proposed agreement provided for a safety net of minimum entitlements, was made in good faith, and complied with relevant provisions of the Fair Work Act. Specifically, the court needed to determine if the proposed agreement provided for a minimum wage rate that met the safety net standards set by the Act, and whether the terms of the agreement were made in good faith and without coercion. Additionally, the court examined whether the agreement complied with the procedural requirements set out in the Fair Work Act.

In its decision, the Fair Work Commission found that the proposed agreement met the safety net standards and was made in good faith. The Commission noted that the agreement provided for minimum wage rates that aligned with the relevant award provisions and industry benchmarks. It also found that the agreement was made without any element of coercion and complied with all procedural requirements. Consequently, the Commission approved the Jubilee Community Care Enterprise Agreement 2016.

The Fair Work Commission's approval of the agreement means that it will now form the basis for the terms and conditions of employment for the employees represented by the ASU. The approval is a significant step in formalising the employment relationship between Jubilee Community Care Incorporated and its employees under the new agreement.

Jubilee Community Care Incorporated

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established