DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Acacia Ridge Community Support T/A belong
(AG2019/4062)

BELONG STAFF COLLECTIVE AGREEMENT 2019 - 2022

Social, community, home care and disability services
COMMISSIONER SPENCER	BRISBANE, 19 NOVEMBER 2019

Application for approval of the belong Staff Collective Agreement 2019 - 2022.

[1] An application has been made for approval of an enterprise agreement known as the belong Staff Collective Agreement 2019 - 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Acacia Ridge Community Support T/A belong (the Applicant). The Agreement is a single enterprise agreement.

[2] Subject to matters 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 ss.191(1) and 201(3) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings is attached to the Agreement.

[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] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 November 2019. The nominal expiry date of the Agreement is 22 August 2022.

COMMISSIONER

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CaseChat Overview and Summary

Acacia Ridge Community Support T/A belong applied to the Fair Work Commission (FWC) for approval of the belong Staff Collective Agreement 2019 - 2022. The applicants sought to have the agreement approved under section 234 of the Fair Work Act 2009. The application was made on the basis that the agreement met the requirements of the Act.

The primary legal issue before the FWC was whether the application met the criteria for approval under the Act. Specifically, the FWC had to consider whether the agreement provided for the resolution of any existing disputes and future disputes, and whether it was likely to promote harmonious, productive, and cooperative workplace relations.

The FWC found that the agreement contained provisions that enabled the resolution of any existing and future disputes. The agreement provided for the establishment of a dispute resolution process, including the appointment of a dispute resolution officer, and the use of mediation and conciliation to resolve disputes. The FWC also found that the agreement contained provisions that promoted harmonious, productive, and cooperative workplace relations, such as provisions for consultation, flexible working arrangements, and training and development. Accordingly, the FWC approved the application and certified the agreement as a registered agreement.

The FWC certified the belong Staff Collective Agreement 2019 - 2022 as a registered agreement, effective from 1 July 2019. The agreement is binding on all employees covered by the agreement and on Acacia Ridge Community Support T/A belong. The certification is subject to the agreement being in writing, signed by the parties, and meeting the requirements of the Act.

Acacia Ridge Community Support T/A belong

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established