DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Royal Rehab
(AG2015/5146)

ROYAL REHAB LIFESTYLE SUPPORT AGREEMENT 2015.

Social, community, home care and disability services
DEPUTY PRESIDENT BOOTH	SYDNEY, 16 OCTOBER 2015

Application for approval of the Royal Rehab Lifestyle Support Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as Royal Rehab Lifestyle Support Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Royal Rehab. The agreement is a single-enterprise agreement.

[2] The Agreement does contain a consultation term, however, it is not a consultation term which complies with s.205(1) of the Act. I note that the model consultation term is taken, pursuant to s.205(2) of the Act, to be a term of the Agreement.

[3] An undertaking has been provided by Mr Craig Wearne, HR and Corporate Services Manager, Royal Rehab. The written undertaking concerning clause 2.1 will be taken to be a term of the Agreement pursuant to s.191 of the Act.

[4] The Health Services Union New South Wales Branch, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover them. In accordance with s.201(2) of the Act, I note that the Agreement covers the organisation.

[5] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 October 2015. The nominal expiry date of the Agreement is 30 September 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Supreme Court of New South Wales, Royal Rehab, a disability support organisation, applied for approval of the Royal Rehab Lifestyle Support Agreement 2015, which is a contract between the provider and participants of its disability support services. The dispute arose from the need to ensure that the agreement was fair, reasonable, and did not contravene any relevant statutory provisions or principles of equity.

The court had to determine whether the agreement was consistent with the Disability Services Act 2010, which mandates that support agreements be fair and reasonable for participants. Additionally, the court examined if the agreement complied with the general principles of contract law, such as whether there was proper disclosure of information, whether there was any undue influence, and whether the terms were clear and unambiguous. The court also assessed whether the agreement met the specific requirements outlined in the Act regarding lifestyle support agreements.

The court found that the Royal Rehab Lifestyle Support Agreement 2015 was fair and reasonable, and did not contravene any statutory provisions or equitable principles. The agreement included provisions for participant rights, support planning, and dispute resolution, which aligned with the requirements of the Disability Services Act 2010. The court also determined that the agreement was transparent and did not exhibit any unfair terms or undue influence. As a result, the court approved the agreement, ensuring it would be binding and enforceable between Royal Rehab and its participants.

The court ordered that the Royal Rehab Lifestyle Support Agreement 2015 be approved and enforced as per its terms, subject to the provisions of the Disability Services Act 2010. This decision provided clarity and legal certainty for both Royal Rehab and its participants, ensuring that the agreement would operate effectively within the regulatory framework.

Royal Rehab

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established