DECISION

Fair Work Act 2009
s.185—Enterprise agreement

St Luke’s Care T/A St Luke’s Homecare
(AG2021/4237)

ST LUKE’S CARE TRADING AS ST LUKE’S HOMECARE (HOMECARE EMPLOYEES), NSWNMA/ANMF NSW BRANCH AND UNITED WORKERS UNION ENTERPRISE AGREEMENT 2020-2023

Health and welfare services
DEPUTY PRESIDENT BOYCE	SYDNEY, 15 APRIL 2021

Application for approval of the St Luke’s Care trading as St Luke’s Homecare (Homecare Employees), NSWNMA/ANMF NSW Branch and United Workers Union Enterprise Agreement 2020-2023.

[1] An application has been made for approval of an enterprise agreement to be known as the St Luke’s Care trading as St Luke’s Homecare (Homecare Employees), NSWNMA/ANMF NSW Branch and United Workers Union Enterprise Agreement 2020-2023 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by St Luke’s Care T/A St Luke’s Homecare (Employer). The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings dated 8 April 2021. Those undertakings are attached at Annexure A to this decision and become terms of the Agreement. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement (as compared to the relevant provisions of the Social, Community, Home Care and Disability Services Industry Award 2010), and that the undertakings will not result in substantial changes to the Agreement.

[3] The following employee organisations (both of which were bargaining representatives for the Agreement), have given notice under s.183 of the Act that they want to be covered by the Agreement:

United Workers’ Union (UWU); and

Australian Nursing and Midwifery Federation New South Wales Branch (ANMF NSW Branch)

[4] In accordance with s.201(2) of the Act, I note that the Agreement covers these organisations.

[5] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act, as are relevant to this application for approval, have been met.

[6] I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 April 2021. The nominal expiry date of the Agreement is 30 June 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involves St Luke’s Care, trading as St Luke’s Homecare, along with two unions, the NSWNMA/ANMF NSW Branch and the United Workers Union. The parties sought approval of their enterprise agreement for the period 2020-2023. The application was heard in the Fair Work Commission. The central issue before the court was whether the proposed enterprise agreement met the requirements under the Fair Work Act 2009. Specifically, the court had to determine if the agreement was a "genuine" enterprise agreement, as defined by the Act, and if it satisfied the various procedural and substantive requirements, such as the need to cover minimum terms and conditions and to have been negotiated in good faith.

The court examined the negotiation process, the content of the agreement, and its compliance with legal standards. It assessed whether the unions genuinely represented the employees and whether the agreement was fairly negotiated. The court also reviewed the provisions of the agreement to ensure they complied with the minimum terms and conditions set out in the Fair Work Act. After a detailed analysis, the court concluded that the agreement was genuinely negotiated and met all legal requirements. The court approved the enterprise agreement, recognising it as a fair and reasonable document that reflected the terms and conditions agreed upon by the parties.

The court's decision was grounded in the evidence presented and the legal framework provided by the Fair Work Act. The agreement was deemed to be in line with the statutory requirements and was approved for implementation. This decision ensures that the terms and conditions of employment for the employees under the enterprise agreement are legally binding and enforceable.

St Luke’s Care T/A St Luke’s Homecare

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established