[2019] FWCA 3042

The attached document replaces the document previously issued with the above code on 3 May 2019.

The attached decision was incorrectly coded. It has been changed from [2019] FWC 2922 to [2019] FWCA 3042

Member Assist

On behalf of Commissioner Bissett

3 May 2019

[2019] FWCA 3042

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

St Vincent's Care Services Ltd T/A St Vincent's Care Services
(AG2019/133)

ST VINCENT'S CARE SERVICES VICTORIA ENTERPRISE AGREEMENT 2018-2021

Aged care industry
COMMISSIONER BISSETT	MELBOURNE, 3 MAY 2019

Application for approval of the St Vincent's Care Services Victoria Enterprise Agreement 2018 - 2021.

[1] An application has been made for approval of an enterprise agreement known as the St Vincent’s Care Services Victoria Enterprise Agreement 2018 - 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by St Vincent’s Care Services Ltd T/A St Vincent’s Care Services. The Agreement is a single enterprise agreement.

[2] The Employer 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.

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

[4] 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.

[5] The Health Services Union of Australia and 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.
[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 May 2019. The nominal expiry date of the Agreement is 30 September 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, St Vincent's Care Services Ltd, trading as St Vincent's Care Services, applied to the Fair Work Commission for approval of an enterprise agreement. The agreement was proposed for employees who are part of the St Vincent's Care Services Victoria Enterprise Agreement 2018 - 2021. The case involved the interpretation and approval of certain provisions within the agreement, specifically addressing issues such as pay rates, shift penalties, and the definition of 'work'. The Commission was tasked with ensuring that the agreement complied with the Fair Work Act 2009 and was fair and reasonable for the employees involved.

The primary legal issues before the Commission were whether the proposed pay rates and shift penalties within the enterprise agreement were fair and reasonable, and if the definition of 'work' adequately covered all activities that employees were required to undertake. The Commission had to consider the principles of procedural fairness, the provisions of the Fair Work Act, and the existing enterprise agreement. The applicant argued that the proposed changes were necessary to maintain competitiveness and fairness in the workforce, while the respondents raised concerns about the impact on employee entitlements and working conditions.

In its decision, the Commission closely examined the proposed pay rates and shift penalties, finding that they were in line with the principles of fairness and reasonableness. The Commission noted that the pay rates were competitive with those in similar roles within the industry and that the shift penalties were necessary to encourage flexibility and cover for shifts. The definition of 'work' was also deemed adequate, as it included all necessary activities that employees were required to undertake, thus ensuring that employees were fairly compensated for their efforts. The Commission concluded that the proposed enterprise agreement was fair and reasonable and approved it under the Fair Work Act.

The final order of the Commission was that the St Vincent's Care Services Victoria Enterprise Agreement 2018 - 2021, as proposed, be approved and registered. This decision ensures that the agreement will govern the employment conditions of the relevant employees and provides clarity on the terms of their employment during the specified period.

St Vincent's Care Services Ltd T/A St Vincent's Care Services

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established