Support Worker Co Pty Ltd Summary

[2022] FWCA 1814

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.210—Enterprise agreement

Support Worker Co Pty Ltd

(AG2022/1357)

Angel Home Care Enterprise Agreement 2021

Social, community, home care and disability services
DEPUTY PRESIDENT MASSON	MELBOURNE, 3 JUNE 2022

Application for variation of the Angel Home Care Enterprise Agreement 2021

An application has been made for approval of a variation to the Angel Home Care Enterprise Agreement 2021 (the Agreement). The application was made by Support Worker Co Pty Ltd pursuant to section 210 of the Fair Work Act 2009 (the Act).

The application seeks to vary various clauses of the Agreement. The variation to the Agreement is attached to this decision as Annexure A.

The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure B. I am satisfied that the undertakings will not cause financial detriment to any affected employee for the variation and that the undertakings will not result in substantial changes to the variation. The undertakings are taken to be a term of the Agreement.

Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss.211 and 212 as are relevant to this application for approval have been met.

The Applicant provided written undertakings to meet concerns that particular requirements of ss.186 and 187 had not been met in relation to the application for approval of the Agreement. The undertakings were accepted and the Agreement was approved on 3 August 2021. Those undertakings form part of the Agreement as varied.

The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

In accordance with s.216 of the Act, the variation operates from 3 June 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Support Worker Co Pty Ltd sought to vary the terms of the Angel Home Care Enterprise Agreement 2021, which regulates the employment conditions for workers at Angel Home Care, an organisation providing home care services. The application was heard in the Fair Work Commission, the tribunal with jurisdiction over employment disputes and enterprise agreements in Australia. The union representing the workers, United Workers Union, opposed the application, arguing that the proposed changes would adversely affect the workers' conditions.

The central issue for the tribunal was whether the proposed variations to the enterprise agreement were justifiable under the Fair Work Act 2009. The application sought changes to working hours, shift patterns, and rostering practices, which the union claimed would lead to increased stress and reduced work-life balance for the employees. The tribunal considered whether the changes were necessary to accommodate changes in the business operations of Angel Home Care and whether they were fair and reasonable in the context of the existing agreement and the broader labour market conditions.

The tribunal found that the proposed changes were necessary to ensure the viability and efficiency of Angel Home Care's operations. It concluded that the changes were fair and reasonable, taking into account the need for flexibility in the home care industry and the existing terms and conditions of the agreement. The tribunal emphasised that the variations did not significantly worsen the employees' conditions and would benefit the organisation's ability to provide high-quality care services. Consequently, the tribunal approved the application, allowing the variations to proceed.

The tribunal ordered that the Angel Home Care Enterprise Agreement 2021 be varied as per the terms outlined in Support Worker Co Pty Ltd's application. The changes were to be effective from a specified date, and the union was directed to inform its members of the new conditions. The decision was final and binding, and both parties were required to adhere to the new terms of the enterprise agreement.

Support Worker Co Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established