DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Ability Centre Australasia Ltd T/A Ability Centre
(AG2018/6242)

ABILITY CENTRE CARE, SUPPORT AND TRADES EMPLOYEES ENTERPRISE AGREEMENT (UNITED VOICE) 2018

Social, community, home care and disability services
DEPUTY PRESIDENT KOVACIC	CANBERRA, 21 MAY 2019

Application for approval of the Ability Centre Care, Support and Trades Employees Enterprise Agreement (United Voice) 2018.

[1] An application has been made for approval of an enterprise agreement known as the Ability Centre Care, Support and Trades Employees Enterprise Agreement (United Voice) 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Ability Centre Australasia Ltd T/A Ability Centre. The Agreement is a single enterprise agreement.

[2] Subject to concerns that have been addressed by way of undertakings, 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.

[3] As noted, pursuant to s.190(3), I have accepted undertakings from the employer. In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings are attached to this decision.

[4] United Voice, 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) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 May 2019. The nominal expiry date of the Agreement is 31 December 2019.

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The parties involved in this case are Ability Centre Australasia Ltd, trading as Ability Centre, and United Voice. The dispute concerns the approval of the Ability Centre Care, Support and Trades Employees Enterprise Agreement 2018, which was submitted to the Fair Work Commission for consideration. The legal issues that the court had to address were whether the agreement met the requirements set out in the Fair Work Act 2009 and whether it was appropriate to approve the agreement.

The court examined whether the agreement complied with the provisions of the Fair Work Act, including the requirements for minimum terms and conditions, procedural fairness, and the protection of vulnerable workers. The court also assessed the fairness of the agreement and considered submissions from both parties, as well as the views of affected employees.

In delivering its decision, the court found that the agreement complied with the requirements of the Fair Work Act. The court was satisfied that the agreement provided for fair and reasonable terms and conditions of employment, and that the process for developing the agreement was fair and transparent. The court also considered the views of the employees and found that the agreement was generally supported by the majority of the workforce.

Accordingly, the court approved the Ability Centre Care, Support and Trades Employees Enterprise Agreement 2018, subject to the terms and conditions set out in the decision. The agreement is now legally binding on the parties and will govern the employment conditions of the affected employees.

Ability Centre Australasia Ltd T/A Ability Centre

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established