The Trustee For G.E.Unit Trust T/A Kindi Capers Pty Ltd T/A Just Better Care Eastern Suburbs St George Suther Land And Inner West Summary

[2023] FWCA 2777

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

The Trustee For G.E.Unit Trust T/A Kindi Capers Pty Ltd T/A Just Better Care Eastern Suburbs St George Suther Land And Inner West

(AG2023/2690)

JUST BETTER CARE EASTERN SUBURBS GROUP ENTERPRISE AGREEMENT 2023

Health and welfare services
DEPUTY PRESIDENT EASTON	SYDNEY, 29 AUGUST 2023

Application for approval of the Just Better Care Eastern Suburbs Group Enterprise Agreement 2023.

The Trustee For G.E.Unit Trust T/A Kindi Capers Pty Ltd T/A Just Better Care Eastern Suburbs St George Suther Land And Inner West (the Employer) has made an application for the approval of the Just Better Care Eastern Suburbs Group Enterprise Agreement 2023 (the Agreement). The application was made under s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

The Employer has provided written undertakings, a copy of which are attached as Annexure A to this decision. The undertakings can be accepted under s.190 of the Act because I am satisfied that they will not cause financial detriment to any employee covered by the Agreement and will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement pursuant to s.191 of the Act.

Subject to the Employer’s undertakings, I am satisfied that each relevant requirement in sections 186, 187, 188 and 190 of the Act has been met.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 September 2023. The nominal expiry date of the Agreement is 29 August 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, The Trustee For G.E. Unit Trust, trading as Kindi Capers Pty Ltd and Just Better Care Eastern Suburbs, Suther Land, and Inner West, applied to the court for the approval of the Just Better Care Eastern Suburbs Group Enterprise Agreement 2023. The applicant sought to finalise the terms of the enterprise agreement to ensure clarity and compliance with relevant industrial laws. The dispute primarily concerned the fairness and compliance of the proposed agreement with the Fair Work Act 2009 and the Fair Work Regulations 2009. The court was tasked with determining whether the agreement met the necessary criteria for approval, including whether it was genuinely bargained, free from coercion, and provided for appropriate terms and conditions for the employees.

The court examined several key legal issues in the case. Firstly, it assessed whether the agreement was genuinely the product of genuine bargaining between the parties. Secondly, it considered whether the agreement contained all the mandated minimum terms and conditions as prescribed by the Fair Work Act. Thirdly, the court evaluated whether the agreement provided for fair and reasonable terms and conditions for the employees, taking into account the nature of the work and the industry standards. Lastly, it ensured that the agreement did not unfairly disadvantage any party and complied with all relevant provisions of the Fair Work Act.

Upon reviewing the evidence and submissions presented, the court found that the Just Better Care Eastern Suburbs Group Enterprise Agreement 2023 was genuinely bargained, contained all the required minimum terms, and provided for fair and reasonable conditions for the employees. The court was satisfied that the agreement was not coercive and met all legal requirements for approval. Consequently, the court granted the application and approved the agreement, ensuring that it would now govern the employment conditions of the workers involved in the specified regions.

The final orders of the court were that the Just Better Care Eastern Suburbs Group Enterprise Agreement 2023 be approved and registered under the Fair Work Act. The agreement would come into effect on the date of the court's order and would apply to the relevant employees, providing them with the terms and conditions as outlined in the approved agreement. The court's approval ensured that the agreement would be legally binding and enforceable, providing certainty and stability in the workplace.

The Trustee For G.E.Unit Trust T/A Kindi Capers Pty Ltd T/A Just Better Care Eastern Suburbs St George Suther Land And Inner West

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established