DECISION

Fair Work Act 2009
s.185—Enterprise agreement

OneCare Limited
(AG2021/6469)

ONECARE LTD NURSING EMPLOYEES ENTERPRISE AGREEMENT 2020

Health and welfare services
DEPUTY PRESIDENT YOUNG	MELBOURNE, 16 AUGUST 2021

Application for approval of the OneCare Ltd Nursing Employees Enterprise Agreement 2020.

[1] OneCare Limited (the Employer) has made an application for approval of an enterprise agreement known as the OneCare Ltd Nursing Employees Enterprise Agreement 2020 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application, and the accompanying statutory declaration and the additional information provided by the Employer, 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.

[4] The Australian Nursing and Midwifery Federation and the Health Services Union, being bargaining representatives for the Agreement, have given notice under s 183 of the Act that they seek to be covered by the Agreement. In accordance with s 201(2) and based on the statutory declaration provided by these organisations, I note that the Agreement covers these organisations.

[5] The Agreement was approved on 16 August 2021 and, in accordance with s 54, will operate from 23 August 2021. The nominal expiry date of the Agreement is 30 June 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

OneCare Limited was the subject of a dispute before the Fair Work Commission, where the issue was the approval of the OneCare Ltd Nursing Employees Enterprise Agreement 2020. The application for approval was lodged by the employer, OneCare Limited, seeking to formalise the terms and conditions of employment for its nursing employees. The legal issues before the Commission revolved around whether the agreement met the statutory requirements for approval under the Fair Work Act 2009, particularly focusing on whether the agreement contained the necessary provisions to ensure employees were not worse off and whether the agreement was genuinely negotiated.

The Commission examined the agreement to determine if it complied with the statutory requirements for approval. It considered whether the agreement provided for terms and conditions that were not less favourable than the applicable award or safety net award. Additionally, the Commission assessed whether the agreement contained a genuine attempt at bargaining between the parties, and whether there was compliance with procedural fairness. The Commission found that the agreement was consistent with the requirements of the Act and did not result in employees being worse off. Furthermore, the evidence presented indicated that there had been genuine bargaining between the parties, and the agreement was made in good faith.

Based on its findings, the Commission approved the OneCare Ltd Nursing Employees Enterprise Agreement 2020. The decision was made on the basis that the agreement contained all the necessary provisions to ensure employees were not less favourably treated and that it reflected the outcome of genuine negotiations. The Commission also noted that the agreement was in line with the objectives of the Act, promoting cooperative and productive workplace relations. The final orders of the Commission included the approval of the agreement, effective from the date of the decision, subject to any necessary amendments as required by law.

OneCare Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established