The HR Department Holdings Pty Ltd T/A Realise Performance

Case •

[2022] FWCA 2396

•

18 JULY 2022
[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

  1. 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.

  1. 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

  1. 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

  1. 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.

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

  1. 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

<AE516705  PR743858>

Annexure A

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