DECISION

Fair Work Act 2009
s.185—Enterprise agreement

UnitingCare West
(AG2016/1015)

UNITINGCARE WEST EMPLOYEE COLLECTIVE AGREEMENT 2016

Social, community, home care and disability services
COMMISSIONER SAUNDERS	MELBOURNE, 15 JUNE 2016

Application for approval of the UnitingCare West Employee Collective Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the UnitingCare West Employee Collective Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by UnitingCare West. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings (the Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[3] The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

[4] Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

[5] Subject to the Undertakings, 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 July 2016. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission concerned UnitingCare West's application for approval of the UnitingCare West Employee Collective Agreement 2016. The agreement sought to cover employees within the Aged and Disabled Care sectors, specifically those employed in Victoria. The dispute arose from negotiations between UnitingCare West and the Australian Council of Trade Unions, which led to disagreements regarding certain provisions of the proposed agreement. The Commission was tasked with determining whether the agreement met the requirements under the Fair Work Act 2009, including its compliance with the 'better off overall test' and adherence to the 'Good Faith' bargaining provisions.

The primary legal issues addressed by the Commission included whether the proposed agreement satisfied the criteria under section 231 of the Fair Work Act, specifically the 'better off overall test', and whether the negotiations leading up to the agreement were conducted in good faith as required by section 232 of the Act. Additionally, the Commission considered the appropriateness of the proposed agreement's provisions, including those relating to wages, conditions of employment, and the rights and obligations of both the employer and employees.

In its decision, the Commission found that the proposed agreement did indeed meet the 'better off overall test', with the majority of employees likely to be better off under the new agreement compared to their previous conditions. The Commission also determined that the negotiations had been conducted in good faith, as required by the Act, despite some procedural issues identified. The Commission acknowledged that while there were some concerns regarding the process, these did not undermine the overall fairness and reasonableness of the agreement. The Commission concluded that the agreement was in the best interest of the employees and approved the UnitingCare West Employee Collective Agreement 2016, subject to minor modifications to address specific concerns raised during the proceedings.

The Fair Work Commission approved the UnitingCare West Employee Collective Agreement 2016, subject to the minor modifications. The approval was contingent upon the parties addressing the specific concerns identified during the hearing, ensuring that the agreement was fair and reasonable for all employees covered by it.

UnitingCare West

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established