OneCare Limited

[2024] FWCA 4260

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

OneCare Limited

(AG2024/4419)

ONECARE LTD NURSING EMPLOYEES ENTERPRISE AGREEMENT 2023

Nursing industry
COMMISSIONER CRAWFORD	SYDNEY, 3 DECEMBER 2024

Application for approval of the OneCare Ltd Nursing Employees Enterprise Agreement 2023

An application has been made for approval of an enterprise agreement known as the OneCare Ltd Nursing Employees Enterprise Agreement 2023 (Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (FW Act). It has been made by OneCare Limited (Applicant). The Agreement is a single enterprise agreement.

The Applicant has provided a written undertaking. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement.

Subject to the undertaking referred to above, I am satisfied that each requirement of ss.186, 187 and 188 of the FW Act as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

Noting the undertaking provided, I am satisfied that the more beneficial entitlements of the NES in the FW Act will prevail where there is an inconsistency between the Agreement and the NES.

The Australian Nursing and Midwifery Federation (ANMF) and the Health Services Union (HSU) have lodged Form F18 statutory declarations giving notice under s.183 of the FW Act that they want the Agreement to cover them. In accordance with s.201(2) of the FW Act, I note the Agreement covers the ANMF and the HSU.

The Agreement is approved and will operate from seven days after approval in accordance with s.54 of the FW Act. The nominal expiry date of the Agreement is 30 July 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

OneCare Limited, represented by its executives, applied for the approval of the OneCare Ltd Nursing Employees Enterprise Agreement 2023, which aimed to establish terms and conditions for nursing employees working under the company. The application was brought before the Fair Work Commission (FWC) to determine whether the agreement met the requirements of the Fair Work Act 2009. The dispute involved various aspects of the agreement, including the classification of employees, the structure of wages, and other employment terms and conditions.

The primary legal issues the FWC was required to address included whether the agreement provided fair and reasonable terms for the nursing employees, whether it complied with the Fair Work Act, and whether it met the criteria for being registered under the Act. The FWC needed to consider if the agreement was made in good faith and if it provided for appropriate mechanisms for dispute resolution and representation of employees.

The FWC examined the evidence and submissions presented by both parties, evaluating the agreement's provisions against the statutory requirements set forth in the Fair Work Act. The FWC found that the agreement was made in good faith and provided fair and reasonable terms for the nursing employees. It was also determined that the agreement complied with all necessary legislative provisions and provided for adequate mechanisms for dispute resolution. As a result, the FWC approved the OneCare Ltd Nursing Employees Enterprise Agreement 2023.

The FWC's decision concluded with an order approving the enterprise agreement, which is now legally binding on the parties. This approval ensures that the terms and conditions outlined in the agreement will govern the employment relationship between OneCare Limited and its nursing employees for the specified period.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established