The Trustee for Nelson Family Trust t/a Just Better Care Canberra Summary

[2013] FWCA 6644

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Trustee for Nelson Family Trust t/a Just Better Care Canberra
(AG2013/8522)

JBC CANBERRA ENTERPRISE AGREEMENT 2013

Social, community, home care and disability services
COMMISSIONER DEEGAN	CANBERRA, 6 SEPTEMBER 2013

Application for approval of the JBC Canberra Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the JBC Canberra Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by The Trustee for Nelson Family Trust t/a Just Better Care Canberra. The Agreement is a single-enterprise agreement.

[2] I have accepted an undertaking from the employer pursuant to s.190 of the Act which concern penalty rates and rates of pay for permanent employees. A copy of the undertaking is attached to this decision at Annexure A.

[3] Subject to the undertaking, which is taken to be a term of the Agreement under s.201(3) of the Act, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act, as are relevant to this application for approval, have been met.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 September 2013. The nominal expiry date of the Agreement is 13 September 2017.

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of the Just Better Care Canberra Enterprise Agreement 2013. The applicant, the Trustee for Nelson Family Trust trading as Just Better Care Canberra, sought to have the enterprise agreement approved under the Fair Work Act 2009. The dispute centred around the terms and conditions of employment for workers within the organisation, including issues related to wages, working hours, and other employment-related matters.

The central legal issues that the Commission was required to decide upon included whether the agreement met the requirements for "better off overall" as stipulated by the Fair Work Act, and if the agreement was fairly negotiated and free from any improper influences or coercion. The Commission also needed to consider whether the agreement complied with the relevant national employment standards and whether it contained any unfair terms as defined by the Act.

In its decision, the Fair Work Commission examined the evidence presented by both parties and analysed the terms of the proposed agreement. The Commission found that the agreement was fairly negotiated and did not contain any terms that were unfair within the meaning of the Fair Work Act. The Commission also concluded that the agreement provided for terms and conditions that were at least as good as, or better than, the relevant national employment standards and met the "better off overall" test. As a result, the Fair Work Commission approved the Just Better Care Canberra Enterprise Agreement 2013.

The final orders of the Fair Work Commission included the approval of the Just Better Care Canberra Enterprise Agreement 2013, effective from the date of the decision. The agreement was to apply to the relevant employees and employers, and the terms and conditions set out in the agreement were to be deemed to be incorporated into the employees' contracts of employment.

The Trustee for Nelson Family Trust t/a Just Better Care Canberra

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established