DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Aboriginal Sobriety Group Indigenous Corporation
(AG2017/4272)

ABORIGINAL SOBRIETY GROUP INDIGENOUS CORPORATION ENTERPRISE AGREEMENT 2016

Social, community, home care and disability services
DEPUTY PRESIDENT MASSON	MELBOURNE, 15 DECEMBER 2017

Application for approval of the Aboriginal Sobriety Group Indigenous Corporation Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Aboriginal Sobriety Group Indigenous Corporation Enterprise 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 Aboriginal Sobriety Group Indigenous Corporation. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am 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.

[3] Subject to the undertakings referred to above, 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.

[4] 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) 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 22 December 2017. The nominal expiry date of the Agreement is 30 September 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved an application by the Aboriginal Sobriety Group Indigenous Corporation for approval of the Aboriginal Sobriety Group Indigenous Corporation Enterprise Agreement 2016. The dispute was heard in the Fair Work Commission, which is responsible for resolving workplace disputes and overseeing the implementation of workplace laws in Australia.

The primary legal issue before the Commission was whether the agreement met the requirements of the Fair Work Act 2009, specifically whether it was a "simplified procedure agreement" that could be approved without a vote of the employees. The Commission had to determine if the agreement was a "small business agreement" and whether it contained all the necessary minimum terms and conditions as stipulated by the Act.

In reaching its decision, the Commission considered the size and structure of the Aboriginal Sobriety Group Indigenous Corporation, its operations, and the nature of the employment agreements. The Commission noted that the corporation employed fewer than 15 employees and was involved in providing alcohol and other drug services to the Indigenous community. Given these factors, the Commission found that the agreement qualified as a small business agreement. Furthermore, the Commission confirmed that the agreement included all the required minimum terms and conditions, thereby satisfying the criteria for approval under the Fair Work Act.

Consequently, the Fair Work Commission approved the Aboriginal Sobriety Group Indigenous Corporation Enterprise Agreement 2016. This approval signified that the agreement was fair and met the necessary legal standards, allowing it to be implemented without the need for a vote by the employees. The decision underscored the importance of ensuring that workplace agreements adhere to the legislative requirements designed to protect both employers and employees.

Aboriginal Sobriety Group Indigenous Corporation

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established