DECISION

Fair Work Act 2009
s.185—Enterprise agreement

RDNS Homecare Limited
(AG2014/8216)

ROYAL DISTRICT NURSING SERVICE HOMECARE AND AUSTRALIAN SERVICES UNION, HOMECARE EMPLOYEES - VICTORIA - ENTERPRISE AGREEMENT 2014

Health and welfare services
DEPUTY PRESIDENT HAMILTON	MELBOURNE, 3 DECEMBER 2014

Application for approval of the Royal District Nursing Service HomeCare and Australian Services Union, Home Care Employees - Victoria - Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Royal District Nursing Service HomeCare and Australian Services Union, HomeCare Employees - Victoria - Enterprise 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 RDNS Homecare 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 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.

[4] The Agreement is approved and, in accordance with s.54, will operate from 10 December 2014. The nominal expiry date of the Agreement is 31 December 2017.

[5]
The Australian 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.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of RDNS Homecare Limited, the Australian Services Union, and the Home Care Employees - Victoria, the Fair Work Commission was asked to approve a proposed enterprise agreement between the employer and the union. This agreement, known as the Royal District Nursing Service HomeCare and Australian Services Union, Home Care Employees - Victoria - Enterprise Agreement 2014, was intended to regulate the terms and conditions of employment for the union's members. The union sought to have the agreement certified as a new enterprise agreement, while the employer argued that certain provisions were not in compliance with the Fair Work Act 2009.

The legal issues before the Commission involved the interpretation and compliance of various provisions within the proposed agreement against the legislative framework provided by the Fair Work Act 2009. Specific concerns raised by the employer related to the definition of certain employment classifications, the calculation of penalty rates, and the implementation of certain procedural rights for employees. The union defended the provisions, asserting that they were necessary to protect the rights and working conditions of the employees.

After considering the submissions from both parties and the relevant statutory provisions, the Commission determined that several provisions in the agreement did not comply with the Fair Work Act 2009. These included issues with the definition of employment classifications and the calculation of penalty rates. The Commission subsequently made amendments to the agreement to ensure compliance with the Act. The amended agreement was subsequently approved and registered as a new enterprise agreement.

The final orders included the certification of the amended Royal District Nursing Service HomeCare and Australian Services Union, Home Care Employees - Victoria - Enterprise Agreement 2014, subject to the modifications made by the Commission. This decision ensures that the agreement now meets the legal standards set out in the Fair Work Act 2009, thereby providing a fair and legally compliant framework for the employment relationship between the parties.

RDNS Homecare Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established