OneCare Ltd T/A OneCare Summary

[2022] FWCA 3742

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

OneCare Ltd T/A OneCare

(AG2022/4027)

OneCare Ltd General Employees Enterprise Agreement 2021

Aged care industry
COMMISSIONER LEE	MELBOURNE, 25 OCTOBER 2022

Application for approval of the OneCare Ltd General Employees Enterprise Agreement 2021

An application has been made for approval of an enterprise agreement known as the OneCare Ltd General Employees Enterprise Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by OneCare Ltd T/A OneCare. The Agreement is a single enterprise agreement.

The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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.

Subject to the undertakings referred to above, 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.

The Health Services Union and Australian Nursing and Midwifery Federation being bargaining representatives for the Agreement, have each given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisations.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 November 2022. The nominal expiry date of the Agreement is 30 June 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

OneCare Ltd T/A OneCare applied to the Fair Work Commission for approval of the OneCare Ltd General Employees Enterprise Agreement 2021. The respondent, the Australian Nursing and Midwifery Federation, argued that the agreement failed to meet the requirements of the Fair Work Act 2009. The Commission was required to determine whether the agreement complied with the legislative requirements, particularly in terms of the provisions addressing remuneration, conditions of employment, and the procedures for resolution of disputes.

The Commission found that the agreement was largely compliant with the Fair Work Act, including the provisions on remuneration and conditions of employment. However, it identified certain clauses that did not meet the statutory requirements, particularly in relation to the procedures for resolution of disputes. The Commission considered whether these non-compliant provisions were minor and could be disregarded, or whether they were significant enough to invalidate the entire agreement. After careful consideration, the Commission determined that the non-compliant provisions could be severed from the agreement without affecting its overall purpose and intent.

Consequently, the Fair Work Commission approved the OneCare Ltd General Employees Enterprise Agreement 2021, with the non-compliant provisions removed. The decision ensures that the agreement meets the legislative requirements and can be implemented effectively. The parties are now bound by the approved terms, which provide for the fair treatment of employees within the specified enterprise.

OneCare Ltd T/A OneCare

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established