DECISION

Fair Work Act 2009
s.185—Enterprise agreement

South Eastern Community Care
(AG2015/2500)

SOUTH EASTERN COMMUNITY CARE COMMUNITY SUPPORT WORKERS ENTERPRISE AGREEMENT 2013

Tasmania
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 4 MAY 2015

Application for approval of the South Eastern Community Care Community Support Workers Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the South Eastern Community Care Community Support Workers Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by South Eastern Community Care. The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, 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 Health 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[4] The Agreement was approved on 4 May 2015 and, in accordance with s.54, will operate from 11 May 2015. The nominal expiry date of the Agreement is 30 June 2016.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

South Eastern Community Care Pty Ltd, a provider of community support services, sought approval of the South Eastern Community Care Community Support Workers Enterprise Agreement 2013 from the Fair Work Commission. The applicant argued that the agreement was made in good faith and that it contained appropriate provisions for the classification and remuneration of employees. The dispute centred on whether the agreement met the legal criteria for approval under the Fair Work Act 2009, including whether it was free from improper conduct and covered all relevant employees.

The court was required to determine if the agreement was made in good faith and whether it complied with the statutory requirements for approval. This involved assessing the negotiation process and the content of the agreement to ensure that it was not influenced by improper conduct and that it contained fair terms for all employees. The court also had to consider whether the agreement was consistent with the principles of the Fair Work Act, including the protection of vulnerable workers and the promotion of workplace harmony.

The Fair Work Commission found that the agreement was made in good faith and that it contained appropriate provisions for the classification and remuneration of employees. The commission concluded that the negotiation process was fair and that the agreement was consistent with the principles of the Fair Work Act. The commission noted that the agreement provided for reasonable terms and conditions of employment and that it promoted workplace harmony. The commission approved the agreement, subject to certain conditions, and ordered that it be registered with the Fair Work Commission.

The commission made several orders to ensure that the agreement was implemented properly. These included orders for the applicant to provide information about the agreement to employees, to ensure that the agreement was properly communicated, and to provide information about any changes to the agreement. The commission also made orders for the applicant to ensure that employees were not disadvantaged by the agreement and that they were able to access the agreement and understand its terms.

South Eastern Community Care

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established