Onecare Limited

[2014] FWCA 8001

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Onecare Limited
(AG2014/7902)

ONECARE LTD GENERAL STAFF AGREEMENT 2014

Tasmania
DEPUTY PRESIDENT GOSTENCNIK	BRISBANE, 11 NOVEMBER 2014

Application for approval of the OneCare Ltd General Staff Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the OneCare Ltd General Staff Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Onecare Limited. The agreement is a single enterprise agreement.

[2] 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.

[3] The Health Services Union of Australia and Australian Nursing and Midwifery Federation, being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers these organisations.

[4] The Agreement was approved on 10 November 2014 and, in accordance with s.54, will operate from 17 November 2014. The nominal expiry date of the Agreement is 1 January 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

OneCare Limited, an aged care provider, applied to the Fair Work Commission for approval of the OneCare Ltd General Staff Agreement 2014. The application was contested by the Health Services Union of Australia (HSU), which represented some of the employees covered by the agreement. The dispute primarily revolved around the terms of the agreement, particularly the provisions regarding casual employment and the calculation of penalty rates.

The legal issues before the Commission were whether the agreement met the statutory requirements under the Fair Work Act 2009 and whether it provided adequate protections for the employees. The Commission had to consider whether the terms of the agreement were fair and reasonable, including the treatment of casual employees and the calculation of penalty rates. The HSU argued that the agreement did not provide sufficient protections, particularly in relation to the treatment of casual staff and the calculation of penalty rates.

The Fair Work Commission found that the agreement, while generally fair and reasonable, contained some provisions that did not meet statutory requirements. The Commission approved the agreement with some modifications. The modifications included changes to the provisions relating to casual employment to ensure they complied with the Fair Work Act. The Commission also addressed the calculation of penalty rates, ensuring that it was fair and reasonable. The Commission determined that, with the modifications, the agreement met the statutory requirements and provided adequate protections for the employees.

The final orders included the approval of the OneCare Ltd General Staff Agreement 2014, subject to the modifications made by the Commission. The agreement was to be registered as a certified agreement under the Fair Work Act, effective from the date of the decision. The modifications ensured compliance with the statutory requirements and provided adequate protections for the employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established