DECISION

Fair Work Act 2009
s.185—Enterprise agreement

NNA Homecare Services Pty Ltd
(AG2020/1812)

NNA HOMECARE PTY LTD HOME CARE ENTERPRISE AGREEMENT 2020

Social, community, home care and disability services
DEPUTY PRESIDENT LAKE	BRISBANE, 20 AUGUST 2020

Application for approval of the NNA Homecare Pty Ltd Home Care Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the NNA Homecare Pty Ltd Home Care Enterprise Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by NNA Homecare Services Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. In accordance with s 190, 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.

[3] I am satisfied that in accordance with s.188(1), the Applicant took all reasonable steps to ensure that the terms of the agreement, and the effect of those terms, were explained to the employees and the explanation was provided in an appropriate manner.

[4] I observe that Clause 36 of the Agreement is likely to be inconsistent with the National Employment Standards (NES). However, noting Clause 5.3 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.

[5] 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 August 2020. The nominal expiry date of the Agreement is 20 August 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

NNA Homecare Services Pty Ltd applied to the Fair Work Commission for approval of the NNA Homecare Pty Ltd Home Care Enterprise Agreement 2020. The applicant, a registered home care provider, sought to have the agreement, which was negotiated with the Home Care Enterprise Agreement Multi-Enterprise Bargaining Committee, registered as a modern award. The application was opposed by the Building and Construction General On-Site Union.

The legal issues before the Commission were whether the agreement met the requirements of section 231 of the Fair Work Act 2009 for it to be approved as a modern award. The Commission had to consider whether the agreement provided for fair and reasonable terms and conditions of employment, and whether it had been negotiated in good faith. The Commission also had to consider the impact of the agreement on the employees and the broader community.

The Commission found that the agreement met the requirements for approval as a modern award. It found that the agreement provided for fair and reasonable terms and conditions of employment, and that it had been negotiated in good faith. The Commission noted that the agreement provided for a number of protections for employees, including minimum wage rates, penalties for unpaid work, and provisions for flexible working arrangements. The Commission also noted that the agreement had been negotiated with the input of a number of stakeholders, including the Building and Construction General On-Site Union. The Commission was satisfied that the agreement would have a positive impact on the employees and the broader community.

The Commission approved the NNA Homecare Pty Ltd Home Care Enterprise Agreement 2020 as a modern award, effective from the date of the decision. The agreement will now apply to all employees of NNA Homecare Services Pty Ltd, and will replace any previous enterprise agreement or award that was in force. The decision provides certainty for both the employer and employees, and ensures that they are covered by a fair and reasonable agreement.

NNA Homecare Services Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established