Masajoda Pty Ltd Atf The Trustee For Hisc1 Trust Summary

[2023] FWCA 2005

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Masajoda Pty Ltd Atf The Trustee For Hisc1 Trust

(AG2023/1719)

HOME INSTEAD SINGLE INTEREST ENTERPRISE AGREEMENT 2023

Social, community, home care and disability services
DEPUTY PRESIDENT EASTON	SYDNEY, 30 JUNE 2023

Application for approval of the Home Instead Single Interest Enterprise Agreement 2023.

Masajoda Pty Ltd Atf The Trustee For Hisc1 Trust (the Employer) has made an application for the approval of the Home Instead Single Interest Enterprise Agreement 2023 (the Agreement). The application was made under s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

The Employer has provided written undertakings, a copy of which are attached as Annexure A to this decision. The undertakings can be accepted under s.190 of the Act because I am satisfied that they will not cause financial detriment to any employee covered by the Agreement and will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement pursuant to s.191 of the Act.

Subject to the Employer’s undertakings, I am satisfied that each relevant requirement in sections 186, 187, 188 and 190 of the Act has been met.

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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 31 July 2023. The nominal expiry date of the Agreement is 30 June 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Masajoda Pty Ltd, acting on behalf of the trustee for the Hisc1 Trust, sought approval of the Home Instead Single Interest Enterprise Agreement 2023 from the Fair Work Commission. The dispute centred on whether the proposed agreement met the necessary legal standards for approval, particularly under the Fair Work Act 2009. The Commission was tasked with determining whether the agreement complied with the provisions for single interest employer agreements, including the requirement that it be "better off overall" for the employees involved.

The primary legal issue was whether the proposed agreement satisfied the "better off overall test," which mandates that employees should not be worse off financially under the new agreement compared to their previous conditions. The Commission also had to consider whether the agreement met the procedural requirements set out in the Fair Work Act, including the necessity for proper bargaining and the provision of relevant information to the employees. Furthermore, the court had to assess whether the agreement adhered to any relevant industry standards or awards that might impact its approval.

The Fair Work Commission determined that the proposed agreement met the "better off overall test" and complied with the procedural requirements of the Fair Work Act. The Commission found that the agreement provided adequate financial benefits and protections to the employees, ensuring they were not disadvantaged by the new terms. Additionally, the Commission concluded that the agreement had been appropriately negotiated and that all necessary information had been provided to the employees. Consequently, the Commission approved the Home Instead Single Interest Enterprise Agreement 2023, finding it to be in compliance with the relevant legislation and standards.

As a result of the decision, the Fair Work Commission approved the Home Instead Single Interest Enterprise Agreement 2023, allowing it to come into effect as per the terms specified. This ruling ensures that the agreement will govern the employment conditions of the relevant employees, subject to the protections and benefits outlined in the approved document.

Masajoda Pty Ltd Atf The Trustee For Hisc1 Trust

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established