My Place WA Ltd

[2023] FWCA 2671

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

My Place WA Ltd

(AG2023/2673)

MY PLACE WA LTD PERSONAL ASSISTANTS ENTERPRISE AGREEMENT 2023

Social, community, home care and disability services
DEPUTY PRESIDENT DEAN	CANBERRA, 22 AUGUST 2023

Application for approval of the My Place WA Ltd Personal Assistants Enterprise Agreement 2023.

An application has been made for approval of an enterprise agreement known as the My Place WA Ltd Personal Assistants Enterprise Agreement 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by My Place WA Ltd (Employer). The Agreement is a single enterprise agreement.

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.

I note that the provisions of the Agreement at clause 50.4 concerning payment upon termination and clause 57 concerning compassionate leave are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 3.3 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The Australian Municipal, Administrative, Clerical and Services Union, 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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 August 2023. The nominal expiry date of the Agreement is 22 August 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of the My Place WA Ltd Personal Assistants Enterprise Agreement 2023. My Place WA Ltd, an employer, sought the Commission's endorsement of the agreement that had been negotiated with the Australian Services Union. The dispute centred around whether the agreement complied with the statutory requirements of the Fair Work Act 2009 and provided for the appropriate minimum terms and conditions for the employees involved.

The legal issues the Commission was tasked with resolving included whether the agreement appropriately addressed the prescribed minimum terms and conditions as stipulated by the Fair Work Act, and whether it complied with the procedural requirements for enterprise agreements, including proper bargaining and notice provisions. The Commission also had to consider whether the agreement was in the best interests of the employees, ensuring that it did not disadvantage them unfairly.

The Commission, after reviewing the evidence and submissions from both parties, determined that the My Place WA Ltd Personal Assistants Enterprise Agreement 2023 did meet the statutory requirements and was in the best interests of the employees. The agreement was found to appropriately cover the prescribed minimum terms and conditions, and the bargaining process was deemed to be fair and compliant with the relevant provisions of the Fair Work Act. Therefore, the Commission approved the agreement, endorsing it as a valid and effective enterprise agreement.

As a result of the Commission's approval, the My Place WA Ltd Personal Assistants Enterprise Agreement 2023 is now legally binding between the employer and the employees covered by the agreement. The final orders of the Commission mandated that the agreement be registered and that it would come into effect on the date of the Commission's decision. This decision provides certainty and clarity for both the employer and the employees regarding their employment conditions moving forward.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established