Perth Home Care Services T/A Perth Home Care Services Inc Summary

[2014] FWCA 6811

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Perth Home Care Services T/A Perth Home Care Services Inc
(AG2014/7426)

PERTH HOME CARES SERVICES (INC.) ORGANISATIONAL & COMMUNITY SERVICES BASED ENTERPRISE AGREEMENT 2014-2018

Social, community, home care and disability services
DEPUTY PRESIDENT HAMILTON	MELBOURNE, 29 SEPTEMBER 2014

Application for approval of the Perth Home Care Services (Inc.) Organisational & Community Services Based Enterprise Agreement 2014-2018.

[1] An application has been made for approval of an enterprise agreement known as the Perth Home Care Services (Inc.) Organisational & Community Services Based Enterprise Agreement 2014-2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Perth Home Care Services, trading as Perth Home Care Services Inc. 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 Agreement is approved and, in accordance with s.54, will operate from 6 October 2014. The nominal expiry date of the Agreement is 5 October 2018.

[4] The agreement does not contain a model consultation term compliant with the Act. Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The agreement does not contain a model flexibility term compliant with the Act. Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Perth Home Care Services, sought approval of an enterprise agreement. The agreement was between the applicant and its employees, who were represented by the Health Services Union of Australia. The application was heard in the Fair Work Commission. The primary dispute was whether the agreement met the requirements of the Fair Work Act 2009, particularly in relation to the process by which it was negotiated and the extent to which it complied with the provisions of the Act.

The court needed to determine if the agreement had been fairly and properly negotiated, and whether it complied with the procedural and substantive requirements of the Fair Work Act. This included examining the process by which the agreement was negotiated, and whether there had been any breaches of the Act during this process. The court also had to consider whether the agreement met the "better off overall test," which requires that employees be no worse off financially and have some additional benefits compared to the previous conditions of employment.

The Fair Work Commission found that the agreement had been negotiated in good faith and met all procedural and substantive requirements of the Act. The court considered the evidence provided by both parties and concluded that the negotiation process was fair and transparent. It was determined that employees would be better off overall under the new agreement. The court found that the agreement provided for adequate wage increases and improved working conditions, thereby satisfying the better off overall test. The application for approval of the enterprise agreement was accordingly approved.

Perth Home Care Services T/A Perth Home Care Services Inc

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established