Raykay Pty Ltd T/A Home Instead Sydney North Shore And Northern Beaches

[2023] FWCA 1351

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Raykay Pty Ltd T/A Home Instead Sydney North Shore And Northern Beaches

(AG2023/1074)

RAYKAY PTY LTD HOME CARE ENTERPRISE AGREEMENT 2023

Aged care industry
COMMISSIONER WILSON	MELBOURNE, 11 MAY 2023

Application for approval of the Raykay Pty Ltd Home Care Enterprise Agreement 2023

An application has been made for approval of an enterprise agreement known as the Raykay Pty Ltd Home Care Enterprise Agreement 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Raykay Pty Ltd T/A Home Instead Sydney North Shore And Northern Beaches. 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.

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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 May 2023. The nominal expiry date of the Agreement is 11 May 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Court involved Raykay Pty Ltd, trading as Home Instead Sydney North Shore And Northern Beaches, which sought approval for the Raykay Pty Ltd Home Care Enterprise Agreement 2023. The agreement was intended to govern the employment terms of certain workers within the company's home care services sector. The application was heard in the Fair Work Commission, Australia’s industrial relations tribunal, which has jurisdiction over matters such as the approval of enterprise agreements under the Fair Work Act 2009.

The legal issues before the Court included whether the agreement complied with the procedural and substantive requirements of the Fair Work Act, and whether the process of agreement making was fair. Specifically, the Court needed to determine if the agreement was genuinely negotiated, if it contained all the mandatory terms required by law, and if it was approved by the requisite majority of employees. Additionally, the Court had to consider whether the agreement adequately protected the interests of the employees.

The Court found that the agreement met the procedural requirements, as it was genuinely negotiated between the employer and the employees' representatives. The Court was satisfied that all mandatory terms were included and that the agreement was approved by the necessary majority. The Court also concluded that the agreement provided appropriate protections for the employees, including provisions for minimum wages, leave entitlements, and dispute resolution mechanisms. Consequently, the Court approved the Raykay Pty Ltd Home Care Enterprise Agreement 2023, finding that it was a fair and reasonable agreement in all respects.

No additional orders were made by the Court beyond the approval of the enterprise agreement as presented. The decision confirms the agreement's validity and enforceability, providing a clear framework for the employment conditions within the home care services sector operated by Raykay Pty Ltd.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established