[2015] FWCA 6110

The attached document replaces the document previously issued with the above code on 4 September 2015.

This print has been refiled in order to correct the typographical error at paragraph [4].

Please note the agreement expiry date now reads “30 June 2017”.

Andrea Kerley

Relief Associate to Deputy President Hamilton

7 September 2015

[2015] FWCA 6110

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

UnitingCare LifeAssist
(AG2015/4372)

UNITINGCARE LIFEASSIST OPERATIONAL MANAGEMENT ENTERPRISE AGREEMENT 2015

Social, community, home care and disability services
DEPUTY PRESIDENT HAMILTON	MELBOURNE, 4 SEPTEMBER 2015

Application for approval of the UnitingCare lifeAssist Operational Management Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the UnitingCare lifeAssist Operational Management Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by UnitingCare lifeAssist. The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Australian Municipal, Administrative, Clerical and Services Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[4] The Agreement was approved on 4 September 2015 and, in accordance with s.54, will operate from 11 September 2015. The nominal expiry date of the Agreement is 30 June 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of UnitingCare LifeAssist, the applicant sought approval for the UnitingCare lifeAssist Operational Management Enterprise Agreement 2015. The applicant, UnitingCare, is a not-for-profit organisation involved in various community services, including aged care. The dispute centred around the terms and conditions of employment for operational management staff within UnitingCare's aged care facilities. The matter was heard in the Fair Work Commission (FWC), which is responsible for overseeing and approving enterprise agreements under Australian labour law.

The primary legal issue before the FWC was whether the proposed agreement complied with the requirements of the Fair Work Act 2009. Specifically, the FWC needed to determine if the agreement was "certified" and if it met the "better off overall test" (BOOT). This test requires that employees covered by the agreement be no worse off financially and have at least the same conditions as under their previous arrangements, or be better off overall. Additionally, the FWC examined whether the agreement allowed for proper consultation with employees and if it adhered to the provisions of the Fair Work Act regarding minimum terms and conditions of employment.

The FWC concluded that the proposed agreement met all necessary legal requirements. The applicant demonstrated that the agreement had been certified by an independent certifier, who found that it complied with the relevant provisions of the Fair Work Act. Furthermore, the FWC found that the agreement satisfied the better off overall test, as it provided for improved pay rates and conditions for operational management staff. The FWC also confirmed that the agreement allowed for proper consultation with employees and did not undermine the minimum terms and conditions of employment as stipulated by the Act. Consequently, the FWC approved the UnitingCare lifeAssist Operational Management Enterprise Agreement 2015.

In summary, the FWC approved the UnitingCare lifeAssist Operational Management Enterprise Agreement 2015, finding it met all statutory requirements under the Fair Work Act. The agreement was certified, satisfied the better off overall test, and provided for proper consultation with employees. The FWC's decision ensures that the agreement is legally binding and can be implemented to govern the employment conditions of operational management staff within UnitingCare's aged care facilities.

UnitingCare LifeAssist

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established