North Coast Care Pty Ltd T/A Just Better Care Mid North Coast Summary

[2022] FWCA 2428

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

North Coast Care Pty Ltd T/A Just Better Care Mid North Coast

(AG2022/2050)

Just Better Care Mid North Coast Enterprise Agreement 2022

Social, community, home care and disability services
COMMISSIONER MATHESON	SYDNEY, 19 JULY 2022

Application for approval of the Just Better Care Mid North Coast Enterprise Agreement 2022.

An application has been made for approval of an enterprise agreement known as the Just Better Care Mid North Coast Enterprise Agreement 2022 (Agreement). The application was made by North Coast Care Pty Ltd T/A Just Better Care Mid North Coast (Applicant) pursuant to s.185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single enterprise agreement.

I observe that certain provisions of the Agreement may be inconsistent with the National Employment Standards (NES). However, noting clauses 5.1, 6.2 and 8.2 of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A of this decision (Undertakings). The views of each person I know is a bargaining representative for the Agreement were sought in relation to the Undertakings and no objections were raised. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a)cause financial detriment to any employee covered by the Agreement; or

(b)result in substantial changes to the Agreement.

Pursuant to s.190(3) of the Act, I accept the Undertakings.

Subject to the Undertakings, and on the basis of the materials before the Commission, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to the application for approval of the Agreement have been met.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 July 2022. The nominal expiry date of the Agreement is 19 July 2026.

COMMISSIONER

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Annexure A

CaseChat Overview and Summary

North Coast Care Pty Ltd T/A Just Better Care Mid North Coast applied for the approval of the Just Better Care Mid North Coast Enterprise Agreement 2022 under section 185 of the Fair Work Act 2009. The proposed agreement, a single enterprise agreement, pertains to the social, community, home care, and disability services industry. The application was heard by Commissioner Matheson of the Fair Work Commission in Sydney on 19 July 2022.

The central legal issue was whether the proposed agreement met the requirements set out in sections 186, 187, 188, and 190 of the Act. In particular, it was necessary to determine whether certain provisions of the Agreement were inconsistent with the National Employment Standards (NES) and if the more beneficial entitlements of the NES would prevail where there was a conflict. Additionally, the court had to assess the impact of the employer's written undertakings on the application.

The Commissioner observed that some provisions of the Agreement might be inconsistent with the NES. However, clauses 5.1, 6.2, and 8.2 of the Agreement ensured that the more advantageous entitlements of the NES would take precedence in cases of inconsistency. The Commissioner was satisfied that the employer had provided written undertakings that did not cause financial detriment to any employee covered by the Agreement or result in substantial changes to the Agreement. Furthermore, no objections were raised by the bargaining representatives in relation to the Undertakings. Therefore, the Commissioner accepted the Undertakings and approved the Agreement, subject to them. The Agreement was approved and would operate from 26 July 2022, with a nominal expiry date of 19 July 2026.

North Coast Care Pty Ltd T/A Just Better Care Mid North Coast

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established