St Luke’s Care T/A St Luke’s Homecare Summary

[2018] FWCA 2081

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

St Luke’s Care T/A St Luke’s Homecare

(AG2017/5520)

Luke’s Care trading as St Luke’s Homecare (Homecare Employees), NSWNMA/ANMF NSW Branch and United Voice Enterprise Agreement 2017-2020

Health and Welfare Services
Commissioner Harper-Greenwell	MELBOURNE, 11 APRIL 2018

Application for approval of the St Luke’s Care trading as St Luke’s Homecare (Homecare Employees) NSWNMA/ANMF NSW Branch and United Voice Enterprise Agreement 2017-2020.

An application has been made for approval of an enterprise agreement known as the St Luke’s Care trading as St Luke’s Homecare (Homecare Employees) NSWNMA/ANMF NSW Branch and United Voice Enterprise Agreement 2017-2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by St Luke’s Care T/A St Luke’s Homecare. The Agreement is a single enterprise agreement.

The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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.

Subject to the undertakings referred to above, 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

The Australian Nursing and Midwifery Federation and United Voice 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.

The Agreement was approved on 11 April 2018 and, in accordance with s.54, will operate from 18 April 2017. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

St Luke’s Care, trading as St Luke’s Homecare, sought approval of its enterprise agreement with the Homecare Employees NSWNMA/ANMF NSW Branch and United Voice, covering the period from 2017 to 2020. The dispute was brought before the Fair Work Commission, where the central issue was whether the proposed agreement complied with the Fair Work Act 2009 and was in the best interests of the employees.

The primary legal issues revolved around whether the agreement met the statutory requirements for being a ‘simple, clear and concise’ document, and if it provided for terms and conditions that were fair and reasonable. Additionally, the Commission had to consider if the agreement would have a detrimental effect on the employees or the broader community. The Commission needed to determine if the agreement contained provisions that were genuinely negotiated, and if it provided for the protection of employees' rights and interests.

In reaching its decision, the Commission examined the structure and clarity of the agreement, its compliance with legislative requirements, and its impact on the employees. The Commission found that the agreement was sufficiently clear and concise, and it had been genuinely negotiated between the parties. It also determined that the agreement did not have a detrimental effect on the employees or the community, and that it provided for fair and reasonable terms and conditions. Consequently, the Commission approved the enterprise agreement, finding it to be in the best interests of the employees. The decision was made in the spirit of facilitating fair work practices and promoting harmonious industrial relations.

St Luke’s Care T/A St Luke’s Homecare

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established