DECISION

Fair Work Act 2009
s.185—Enterprise agreement

MHA Care Limited
(AG2015/7457)

MHA CARE ENTERPRISE AGREEMENT 2015 - 2019

Social, community, home care and disability services
COMMISSIONER CRIBB	MELBOURNE, 15 DECEMBER 2015

Application for approval of the MHA Care Enterprise Agreement 2015 - 2019.

[1] An application has been made for approval of an enterprise agreement known as the MHA Care Enterprise Agreement 2015 - 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by MHA Care 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.

[3] Australian Municipal, Administrative, Clerical and Services Union (ASU) 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) of the Act I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 December 2015. The nominal expiry date of the Agreement is 30 June 2019.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

MHA Care Limited applied for approval of the MHA Care Enterprise Agreement 2015 - 2019 in the Fair Work Commission. The applicant sought to have the agreement approved under section 231 of the Fair Work Act 2009, as it had been negotiated in good faith and met the requirements of section 228 of the Act. The Fair Work Commission was required to determine whether the agreement had been made in accordance with the provisions of the Act, including whether it had been negotiated in good faith and whether it met the requirements for approval under the Act.

The court found that the agreement had been negotiated in good faith and met the requirements for approval under the Act. The applicant had demonstrated that it had taken steps to ensure that the agreement was negotiated in good faith, including by providing information to the relevant employees' representatives and engaging in discussions with them. The court also found that the agreement met the requirements for approval under the Act, including that it provided for the payment of minimum rates of pay and conditions that were no less favourable than the applicable awards or registered agreements.

Accordingly, the Fair Work Commission approved the MHA Care Enterprise Agreement 2015 - 2019. The agreement will now apply to the relevant employees and employers and will regulate their employment relationship for the period specified in the agreement. The approval of the agreement is a significant step towards ensuring that the employees of MHA Care Limited receive fair and reasonable terms and conditions of employment.

MHA Care Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established