DECISION

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

SwanCare Group Incorporated
(AG2019/3799)

SWANCARE GROUP INCORPORATED HEALTH SERVICES UNION OF WESTERN AUSTRALIA(HSUWA) ENTERPRISE AGREEMENT 2019

Aged care industry
COMMISSIONER WILLIAMS	PERTH, 8 NOVEMBER 2019

Application for approval of the SwanCare Group Incorporated Health Services Union of Western Australia (HSUWA) Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the SwanCare Group Incorporated Health Services Union of Western Australia (HSUWA) Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by SwanCare Group Incorporated. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Health Services Union 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 November 2019. The nominal expiry date of the Agreement is 30 June 2022.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

SwanCare Group Incorporated, a provider of aged and disability care services, sought approval from the Fair Work Commission (FWC) for the SwanCare Group Incorporated Health Services Union of Western Australia (HSUWA) Enterprise Agreement 2019. The dispute centred on the agreement's provisions concerning employee entitlements, including wages, conditions of employment, and dispute resolution mechanisms. The FWC was tasked with determining whether the agreement complied with the relevant legislative framework and whether it was fair and reasonable for the employees covered by it.

The central legal issues before the FWC were whether the agreement's terms met the "better off overall test" and whether they complied with the applicable minimum standards under the Fair Work Act 2009. The FWC had to consider if the agreement provided employees with a total remuneration package that was at least as good as what they would receive under the relevant award or modern award. Additionally, the FWC examined whether the agreement contained permissible provisions and did not include any that would be contrary to public policy.

The FWC concluded that the agreement met the better off overall test, as it provided employees with a remuneration package that was at least as good as, if not better than, what they would receive under the relevant award. The FWC found that the agreement contained reasonable terms and conditions, and it did not identify any provisions that were contrary to public policy. Consequently, the FWC approved the SwanCare Group Incorporated Health Services Union of Western Australia (HSUWA) Enterprise Agreement 2019.

SwanCare Group Incorporated

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established