DECISION

Fair Work Act 2009
s.185—Enterprise agreement

South Eastern Nursing and Home Care Association Incorporated T/A South Eastern Community Care
(AG2018/2506)

SOUTH EASTERN COMMUNITY CARE COMMUNITY AND DISABILITY SUPPORT WORKERS ENTERPRISE AGREEMENT 2018

Social, community, home care and disability services
DEPUTY PRESIDENT SAUNDERS	SYDNEY, 21 DECEMBER 2018

Application for approval of the South Eastern Community Care Community and Disability Support Workers Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the South Eastern Community Care Community and Disability Support Workers Enterprise Agreement 2018 (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 Nursing and Home Care Association Incorporated T/A South Eastern Community Care. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings (the Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[3] The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

[4] Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

[5] Subject 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.

[6] The Health Services Union of Australia and the Australian Nursing and Midwifery Federation being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 December 2018. The nominal expiry date of the Agreement is 30 June 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The South Eastern Nursing and Home Care Association Incorporated, trading as South Eastern Community Care, applied to the Fair Work Commission for the approval of the South Eastern Community Care Community and Disability Support Workers Enterprise Agreement 2018. The applicant argued that the agreement contained terms and conditions that were necessary for the efficient operation of their organisation and to maintain the welfare of their employees. The dispute involved the terms and conditions of employment for community and disability support workers.

The primary legal issue before the commission was whether the agreement met the statutory requirements for approval under the Fair Work Act 2009. Specifically, the commission needed to determine if the agreement was in the public interest, taking into account the impact on the employees' terms and conditions of employment, and if it complied with the relevant provisions of the Act. Additionally, the commission had to consider if the agreement included appropriate mechanisms for the resolution of workplace disputes.

The commission found that the agreement provided for reasonable terms and conditions that were necessary to maintain the efficient operation of the applicant's organisation and to protect the welfare of the employees. The commission noted that the agreement included provisions for dispute resolution and that it did not adversely affect the employees' terms and conditions of employment to a significant degree. The commission concluded that the agreement was in the public interest and met the statutory requirements for approval. As a result, the commission approved the agreement.

In summary, the Fair Work Commission approved the South Eastern Community Care Community and Disability Support Workers Enterprise Agreement 2018. The commission found that the agreement provided reasonable terms and conditions and included appropriate mechanisms for dispute resolution. The commission concluded that the agreement was in the public interest and met the statutory requirements for approval under the Fair Work Act 2009.

South Eastern Nursing and Home Care Association Incorporated T/A 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