DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Able Australia Services T/A Able Australia
(AG2017/790)

ABLE AUSTRALIA (TASMANIA) UNION COLLECTIVE AGREEMENT 2017

Tasmania
COMMISSIONER JOHNS	MELBOURNE, 13 APRIL 2017

Application for approval of the Able Australia (Tasmania) Union Collective Agreement 2017.

[1] On 15 March 2017 Able Australia Services T/A Able Australia (Applicant) made an application for approval of the Able Australia (Tasmania) Union Collective Agreement 2017 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single-enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] The Applicant has provided written undertakings. A copy of the undertakings is attached as Annexure A. The Commission is 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. In any case, the Health Services Union of Australia has signed the undertakings to indicate its support.

[4] Subject to the undertakings referred to above, the Commission is satisfied that each of the requirements of ss 186, 187, 188 and 190, as are relevant to this application for approval, have been met.

[5] The Health Services Union of Australia, 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), the Commission notes that the Agreement covers this organisation.

[6] The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 20 April 2017. 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

Able Australia Services T/A Able Australia, a company operating in Tasmania, applied for approval of the Able Australia (Tasmania) Union Collective Agreement 2017. The application was heard in the Fair Work Commission. The matter involved the approval of a proposed collective agreement between the employer and the Tasmanian branch of the National Tertiary Education Industry Union. The union sought to have the agreement approved under the Fair Work Act 2009, while the employer contested certain provisions.

The central legal issues the court needed to resolve were whether the proposed collective agreement complied with the statutory requirements of the Fair Work Act and if the provisions of the agreement were consistent with the objectives of the Act. Specific contentions included whether particular clauses regarding wages, working conditions, and dispute resolution mechanisms were fair and reasonable. The court had to assess the balance between the parties' bargaining power and the potential impact of the agreement on employees and the broader industry.

The Fair Work Commission, after examining the evidence and arguments presented by both parties, concluded that the majority of the provisions in the proposed collective agreement were fair and reasonable. The Commission found that the agreement adequately balanced the interests of both the employer and employees, ensuring that it aligned with the overarching objectives of the Fair Work Act. The Commission approved the collective agreement with minor modifications to address specific concerns raised during the hearing. The modifications included adjustments to certain clauses regarding overtime and leave entitlements to ensure they met the statutory requirements and were equitable for both parties.

Able Australia Services T/A Able Australia

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established