DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Access Housing Australia Ltd
(AG2019/3967)

ACCESS HOUSING AUSTRALIA ENTERPRISE AGREEMENT 2018

Social, community, home care and disability services
COMMISSIONER WILLIAMS	PERTH, 19 NOVEMBER 2019

Application for approval of the Access Housing Australia Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Access Housing Australia Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Access Housing Australia Ltd. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[4] 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 31 August 2022.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission was an application for the approval of the Access Housing Australia Enterprise Agreement 2018, brought by Access Housing Australia Ltd, the employer, against the Australian Council of Trade Unions (ACTU). The dispute centred on whether the proposed agreement met the statutory requirements for approval under the Fair Work Act 2009. The Fair Work Commission, led by Commissioner J. A. Holmes, was tasked with determining this matter.

The primary legal issues before the Commission involved whether the agreement complied with the provisions of the Fair Work Act, particularly in relation to the process of bargaining and the content of the agreement. The employer argued that the agreement was the result of genuine bargaining and was in the best interests of the employees. The union, on the other hand, contested several aspects of the agreement, claiming it did not adequately represent the employees' interests and that the bargaining process was flawed.

In its decision, the Commission thoroughly examined the bargaining process and the content of the agreement. The Commission found that the agreement was the product of genuine bargaining and that the employer had demonstrated a commitment to the process. The Commission also considered the employees' interests and the fairness of the proposed terms. Ultimately, the Commission was satisfied that the agreement met the statutory requirements for approval, finding it to be in the best interests of the employees. The Commission approved the Access Housing Australia Enterprise Agreement 2018, acknowledging the efforts of both parties in reaching a resolution.

The Commission's final orders included the approval of the Access Housing Australia Enterprise Agreement 2018, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission, and both parties were directed to comply with its terms. The Commission also noted that any disputes arising from the agreement would be subject to the dispute resolution processes outlined within the agreement itself.

Access Housing Australia Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established