DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Link Health and Community Limited T/A Link Health and Community Limited
(AG2018/7355)

LINK AVOCARE ENTERPRISE AGREEMENT 2019

Health and welfare services
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 19 MARCH 2019

Application for approval of the Link Avocare Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Link Avocare Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Link Health and Community Limited T/A Link Health and Community Limited. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The Agreement was approved on 19 March 2019 and, in accordance with s.54, will operate from 26 March 2019. The nominal expiry date of the Agreement is 31 December 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved an application by Link Health and Community Limited to approve the Link Avocare Enterprise Agreement 2019. The application was brought under the Fair Work Act 2009, which mandates that certain enterprise agreements must be approved by the Commission before they can take effect. The primary dispute centred around the terms of the agreement, specifically concerning the wages, conditions, and entitlements of employees covered by the agreement. The court was tasked with ensuring that the agreement complied with the statutory requirements for approval and did not unfairly disadvantage any employees.

The legal issues before the court included whether the agreement met the criteria for approval under the Fair Work Act, including whether it provided for the fair and reasonable terms and conditions of employment, and whether it complied with the procedural requirements set forth in the legislation. Additionally, the court had to consider whether the agreement contained any terms that were contrary to public policy or that failed to meet the standards set by the applicable minimum awards.

The Commission found that the Link Avocare Enterprise Agreement 2019 was in substantial compliance with the Fair Work Act. The court noted that the agreement provided for reasonable terms and conditions of employment, and that the procedural requirements for approval had been met. The Commission held that the agreement did not contain any terms that were contrary to public policy, nor did it fail to meet the standards of the applicable minimum awards. Consequently, the court approved the agreement, allowing it to take effect and be binding upon the parties involved. The decision was made in accordance with the statutory framework and the principles of fairness and reasonableness that underpin the industrial relations system in Australia.

Link Health and Community Limited T/A Link Health and Community Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established