DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Corporate Development Services (Australia) Pty Ltd and WAPDAS Pty Ltd T/A Direct Care
(AG2014/10505)

DIRECT CARE ENTERPRISE AGREEMENT 2014

Social, community, home care and disability services
COMMISSIONER CRIBB	MELBOURNE, 16 JANUARY 2015

Application for approval of the Direct Care Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Direct Care Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by The Corporate Development Services (Australia) Pty Ltd and WAPDAS Pty Ltd T/A Direct Care. The agreement is a single-enterprise agreement.

[2] An undertaking has been given with respect to clause 4.2.1 and is taken to be a term of the Agreement. A copy of the undertaking is attached to this Decision as Annexure A and can also be found at the end of the Agreement.

[3] Subject to the undertaking referred to above, 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.

[4] The Agreement was approved in Chambers on 16 January 2015 and, in accordance with s.54 of the Act, will operate from 23 January 2015. The nominal expiry date of the Agreement is 22 January 2019.

ANNEXURE A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in the case were Corporate Development Services (Australia) Pty Ltd and WAPDAS Pty Ltd, trading as Direct Care. The dispute was about the approval of the Direct Care Enterprise Agreement 2014. The Fair Work Commission heard the case. The central issue was whether the application for approval of the enterprise agreement should be approved, considering the provisions of the Fair Work Act 2009.

The Commission examined the application for approval of the Direct Care Enterprise Agreement 2014, taking into account the statutory criteria set out in section 231 of the Fair Work Act 2009. The Commission considered the extent to which the agreement provided for the terms and conditions of employment of the employees, the fairness of the agreement to the parties involved, and whether the agreement was free from any contraventions of the Act. The Commission also considered the submissions and evidence provided by both parties during the course of the hearing.

After considering the evidence and submissions from both parties, the Commission found that the Direct Care Enterprise Agreement 2014 met the statutory criteria for approval. The Commission was satisfied that the agreement provided for the terms and conditions of employment of the employees, was fair to the parties involved, and was free from any contraventions of the Fair Work Act 2009. The Commission approved the application for the agreement, noting that the agreement provided for appropriate protections and benefits for the employees.

In conclusion, the Fair Work Commission approved the application for approval of the Direct Care Enterprise Agreement 2014. The Commission found that the agreement met the statutory criteria for approval and provided for appropriate protections and benefits for the employees. The decision provides guidance for future enterprise agreements and reinforces the importance of meeting the statutory criteria for approval.

The Corporate Development Services (Australia) Pty Ltd and WAPDAS Pty Ltd T/A Direct Care

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established