DECISION

Fair Work Act 2009
s.185—Enterprise agreement

VGAN Pty Ltd T/A Just Better Care Central Coast
(AG2015/5065)

JUST BETTER CARE CENTRAL COAST ENTERPRISE AGREEMENT 2015

Social, community, home care and disability services
DEPUTY PRESIDENT BOOTH	SYDNEY, 8 DECEMBER 2015

Application for approval of the Just Better Care Central Coast Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Just Better Care Central Coast 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 Just Better Care Central Coast. The agreement is a single-enterprise agreement.

[2] The Agreement does contain a consultation term, however, it is not a consultation term which complies with s.205(1) of the Act. I note that the model consultation term is taken, pursuant to s.205(2) of the Act, to be a term of the Agreement.

[3] An undertaking has been provided by Ms Verity Gannon, Director, Just Better Care Central Coast. The written undertaking concerning Clause 14.2 and Schedule A, will be taken to be a term of the Agreement pursuant to s.191 of the Act.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 December 2015. The nominal expiry date of the Agreement is 7 December 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, VGAN Pty Ltd, trading as Just Better Care Central Coast, applied for approval of the Just Better Care Central Coast Enterprise Agreement 2015. The application was made under section 231 of the Fair Work Act 2009. The dispute involved the terms and conditions of employment for employees under the agreement.

The primary legal issue before the Commission was whether the proposed agreement met the requirements for approval under the Fair Work Act. This included ensuring the agreement provided for minimum terms and conditions, was free from prohibited content, and was made in good faith. The Commission also considered whether the agreement was in the best interests of the employees and complied with any relevant national employment standards.

The Commission examined the submissions from both the applicant and the employees' representatives. It noted that the agreement provided for terms and conditions that met or exceeded the minimum entitlements required by the Act. The Commission found that the agreement was free from prohibited content and had been made in good faith. Additionally, the Commission concluded that the agreement was in the best interests of the employees and complied with all relevant national employment standards.

The Fair Work Commission approved the Just Better Care Central Coast Enterprise Agreement 2015, finding it met all the necessary criteria for approval under the Fair Work Act.

VGAN Pty Ltd T/A Just Better Care Central Coast

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established