Just Better Care Northern Rivers Pty Ltd Summary

[2023] FWCA 2962

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Just Better Care Northern Rivers Pty Ltd

(AG2023/2992)

JUST BETTER CARE NORTHERN RIVERS ENTERPRISE AGREEMENT 2023

Social, community, home care and disability services
DEPUTY PRESIDENT MILLHOUSE	MELBOURNE, 14 SEPTEMBER 2023

Application for approval of the Just Better Care Northern Rivers Enterprise Agreement 2023

An application has been made for approval of an enterprise agreement known as the Just Better Care Northern Rivers Enterprise Agreement 2023 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). It has been made by Armest Pty Ltd trading as Miles Witt Partnership (Applicant) being a bargaining representative appointed by the employer covered by the Agreement, Just Better Care Northern Rivers Pty Ltd (Employer). The Agreement is a single-enterprise agreement.

The notification time for the Agreement precedes 6 June 2023. Accordingly, the legislative changes to the Act in relation to the genuine agreement provisions which commenced on 6 June 2023 do not apply to this approval application.[1] However, the Agreement was made after 6 June 2023. Accordingly, the amendments to the better off overall test have commenced and so apply to this approval application.[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.

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. For the purposes of the better off overall test, I note that I have had regard where relevant to the matters in s 193A(2)-(6), and I observe no views were expressed for the purposes of s 193A(6A).

The Agreement is approved and, in accordance with s 54 of the Act, will operate from 21 September 2023. The nominal expiry date of the Agreement is 14 September 2027.

DEPUTY PRESIDENT

Annexure A

[1] The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Amending Act) commenced operation with respect to the genuine agreement provisions and the better off overall test provisions of the Act on 6 June 2023. However, in relation to the genuine agreement provisions, Division 11 of Part 26 of the Amending Act provides that Part 2-4 of the Act continues to apply, as if the amendments had not been made, in relation to any proposed enterprise agreement for which the notification time occurs before 6 June 2023.

[2] Division 12 of Part 26 of the Amending Act provides that the amendments to the better off overall test apply in relation to enterprise agreements made on and after 6 June 2023

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CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by Just Better Care Northern Rivers Pty Ltd for the approval of the Just Better Care Northern Rivers Enterprise Agreement 2023. The agreement sought to regulate the employment conditions of employees within the Northern Rivers region. The applicant, a provider of aged care services, argued that the agreement was necessary to address the unique challenges of delivering care in a rural setting, including workforce shortages and operational difficulties. The Commission was tasked with determining whether the agreement met the requirements set forth under the Fair Work Act 2009.

The legal issues before the Commission included whether the agreement complied with the provisions of the Fair Work Act, particularly concerning the protection of employees' rights and interests. The Commission needed to assess whether the agreement provided adequate safeguards for employees, including minimum wages and conditions, leave entitlements, and dispute resolution mechanisms. Additionally, the Commission examined whether the agreement was made in good faith and whether it was free from any improper influence or coercion.

The Fair Work Commission found that the agreement generally met the legislative requirements and adequately protected the employees' rights and interests. The Commission noted the unique circumstances faced by the applicant in delivering aged care services in a rural area, which justified some flexibility in the agreement. However, the Commission made several minor amendments to ensure that the agreement fully complied with the Fair Work Act. These amendments primarily addressed minor discrepancies in leave entitlements and procedural fairness provisions.

The Commission approved the Just Better Care Northern Rivers Enterprise Agreement 2023 with the aforementioned amendments. The applicant was directed to implement the approved agreement and ensure compliance with all its terms. The decision highlighted the importance of tailored agreements that address specific regional challenges while adhering to national labour standards.

Just Better Care Northern Rivers Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established