RR Lifestyle Support Limited

[2019] FWCA 5846

[2019] FWCA 5846

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

RR Lifestyle Support Limited
(AG2019/2269)

ROYAL REHAB LIFESTYLE SUPPORT ENTERPRISE AGREEMENT 2019

Social, community, home care and disability services
DEPUTY PRESIDENT MANSINI	MELBOURNE, 22 AUGUST 2019

Application for approval of the Royal Rehab Lifestyle Support Enterprise Agreement 2019.

[1] RR Lifestyle Support Limited has applied for approval of a single enterprise agreement known as the Royal Rehab Lifestyle Support Enterprise Agreement 2019 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act).

[2] Since the application was made in June 2019, various concerns have been raised by and with the Commission in relation to whether: the pre-approval requirements were met; the Agreement contravenes s.55 of the Act, passes the “better off overall” test and contains mandatory and lawful terms.

[3] The Agreement was made on 21 June 2019. The initial application was lodged, missing a page, on 27 June 2019. A complete application was filed on 1 August 2019 outside the statutory timeframe at s.185(3)(a) of the Act. In all the circumstances, and in accordance with s.185(3)(b), I consider it fair to extend the period within which the application must be made to 1 August 2019.

[4] Further information was provided by the Applicant, including an amended statutory declaration and amended Agreement signature page. In the circumstances, I also consider that these corrections should be made and that it is appropriate to do so pursuant to s.586 of the Act.

[5] Noting clause 1.5 of the Agreement, I am satisfied that the more beneficial entitlements of the National Employment Standards in the Act (NES) will prevail where there is an inconsistency between the Agreement and the NES.

[6] Written undertakings were given in accordance with s.190 of the Act (attached at Annexure A). The bargaining representative did not oppose the Undertakings. 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.
[7] 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.

[8] On the basis of the material contained in the amended application, further information provided on request of the Commission and having regard to the Undertakings, 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.

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

[10] The Agreement was approved on 22 August 2019 and, in accordance with s.54, will operate from 29 August 2019. The nominal expiry date of the Agreement is 29 August 2022.

DEPUTY PRESIDENT

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Annexure A