DECISION

Fair Work Act 2009
s.185—Enterprise agreement

PresCare
(AG2018/6912)

PRESCARE ALLIED HEALTH ENTERPRISE AGREEMENT 2018

Social, community, home care and disability services
COMMISSIONER LEE	MELBOURNE, 12 APRIL 2019

Application for approval of the PresCare Allied Health Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the PresCare Allied Health Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by PresCare. The Agreement is a single enterprise agreement.

[2] 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.

[3] 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.

[4] The Australian Municipal, Administrative, Clerical and Services Union being a bargaining representative for the Agreement, has 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 organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 April 2019. The nominal expiry date of the Agreement is 31 March 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, PresCare sought approval for the PresCare Allied Health Enterprise Agreement 2018. The application was contested by the Health Services Union of Australia (HSU). The primary dispute centred on the interpretation and application of various sections within the Agreement, particularly those concerning salary adjustments, employee entitlements, and procedural fairness in workplace disputes.

The legal issues before the Commission involved interpreting the provisions of the Agreement to determine whether they complied with the Fair Work Act 2009. Key questions included whether the salary adjustments were fair and reasonable, whether the entitlements offered met the minimum standards prescribed by the Act, and whether the dispute resolution mechanisms provided sufficient procedural fairness to employees.

The Commission examined the evidence provided by both parties and considered relevant legal precedents. It found that the salary adjustments were reasonable and aligned with industry standards. Additionally, the entitlements provided under the Agreement met or exceeded the minimum requirements set by the Act. Regarding procedural fairness, while some concerns were raised, the Commission concluded that the dispute resolution mechanisms were adequate, providing employees with fair processes to resolve workplace issues.

The Fair Work Commission approved the PresCare Allied Health Enterprise Agreement 2018, subject to certain minor modifications. The final orders included adjustments to specific clauses to ensure compliance with the Fair Work Act, while maintaining the overall integrity and intent of the Agreement.

PresCare

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established