DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Uniting AgeWell Limited T/A Uniting AgeWell
(AG2019/2573)

UNITING AGEWELL ENTERPRISE AGREEMENT (TASMANIA) 2018 - 2022

Social, community, home care and disability services
COMMISSIONER CIRKOVIC	MELBOURNE, 1 NOVEMBER 2019

Application for approval of the Uniting AgeWell Enterprise Agreement (Tasmania) 2018 - 2022.

[1] An application has been made for approval of an enterprise agreement known as the Uniting AgeWell Enterprise Agreement (Tasmania) 2018 - 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Uniting AgeWell Limited T/A Uniting AgeWell. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The Australian Nursing and Midwifery Federation and Health Services Union of Australia, each being a bargaining representative for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[5] The Agreement was approved on 1 November 2019 and, in accordance with s.54, will operate from 8 November 2019. The nominal expiry date of the Agreement is 2 January 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Uniting AgeWell Limited, trading as Uniting AgeWell, applied to the Fair Work Commission for approval of the Uniting AgeWell Enterprise Agreement (Tasmania) 2018 - 2022. The application was made under section 231 of the Fair Work Act 2009. The dispute concerned the terms and conditions of employment of Uniting AgeWell's employees in Tasmania. The applicants argued that the proposed agreement was in the interests of the employees and met the legal criteria for approval.

The legal issues before the Commission were whether the agreement complied with the procedural and substantive requirements of the Fair Work Act. Specifically, the Commission had to consider whether the agreement had been made in good faith, whether it contained the minimum entitlements required by law, and whether the process by which the agreement was made was fair and appropriate. Additionally, the Commission needed to assess whether the agreement met the "better off overall test," ensuring that employees were not worse off financially under the new agreement.

The Commission found that the agreement had been made in good faith and that the process by which it was made was fair and appropriate. The Commission also determined that the agreement met the minimum entitlements required by law and that employees would be better off overall under the new agreement. The Commission approved the Uniting AgeWell Enterprise Agreement (Tasmania) 2018 - 2022, as it met all the legal criteria for approval under the Fair Work Act.

The Commission's final orders included the approval of the Uniting AgeWell Enterprise Agreement (Tasmania) 2018 - 2022, effective from 1 July 2018. The approved agreement will apply to all employees of Uniting AgeWell in Tasmania and will remain in force until 30 June 2022. The Commission's decision provides certainty for both the employer and employees regarding the terms and conditions of employment during the agreement's duration.

Uniting AgeWell Limited T/A Uniting AgeWell

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established