The HR Department Holdings Pty Ltd T/A Realise Performance

[2022] FWCA 2396

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

The HR Department Holdings Pty Ltd T/A Realise Performance

(AG2022/2197)

Just Better Care Multi Enterprise Agreement 2022

Aged care industry
DEPUTY PRESIDENT BOYCE	SYDNEY, 18 JULY 2022

Application for approval of the Just Better Care Multi Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement to be known as the Just Better Care Multi Enterprise Agreement 2022 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by The HR Department Holdings Pty Ltd T/A Realise Performance (Applicant). The Agreement is a multi-enterprise agreement.

The Agreement covers the following four employer entities:

Hunter Care Service Pty Ltd Trading As Just Better Care Newcastle Hunter
Alcyone Care Pty Ltd Trading As Just Better Care Hills District
LTC Care Services Pty Ltd Trading As Just Better Care Ryde, Parramatta and Just Better Care Bankstown
Lana and Terry Beyond Care Pty Ltd Trading As Just Better Care Macarthur and Just Better Care Murrumbidgee Lachlan and Just Better Care Central West

Undertakings

The Employer has provided written undertakings dated 18 July 2022. 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.

Conclusion

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.

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

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 July 2022. The nominal expiry date of the Agreement is 18 July 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The parties involved in the application before the Fair Work Commission were the HR Department Holdings Pty Ltd, trading as Realise Performance, and the United Voice union. The dispute centred on the approval of the Just Better Care Multi Enterprise Agreement 2022, which aimed to set out the terms and conditions of employment for workers in the aged care sector. The Commission was tasked with determining whether the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the agreement complied with the requirements for a multi-enterprise agreement, specifically in relation to the procedural fairness and the coverage of employees. The Commission had to assess whether the consultation process was appropriate and whether the agreement adequately protected the interests of the employees. Additionally, the Commission needed to ensure that the agreement was not contrary to public policy or inconsistent with any relevant legislative provisions.

In reaching its decision, the Commission examined the evidence presented by both parties and considered the broader context of the agreement. The Commission found that the consultation process undertaken by the applicant was sufficient and that the agreement did not contravene any legislative provisions. The Commission also concluded that the agreement provided adequate protections for the employees and was in line with the objectives of the Fair Work Act. Consequently, the Commission approved the agreement, finding it met the necessary criteria for approval.

The Fair Work Commission ordered the approval of the Just Better Care Multi Enterprise Agreement 2022, effective from the date specified in the agreement. The order was made on the basis that the agreement complied with the relevant legislative requirements and provided appropriate protections for the employees. The Commission also directed that the agreement be registered with the Fair Work Commission and that it be provided to the relevant parties.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established