Adapt Essential Services Pty Ltd

[2014] FWCA 7960

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Adapt Essential Services Pty Ltd
(AG2014/7417)

ADAPT ESSENTIAL SERVICES PTY LTD ENTERPRISE AGREEMENT 2014 - 2018

Electrical contracting industry
DEPUTY PRESIDENT GOSTENCNIK	BRISBANE, 10 NOVEMBER 2014

Application for approval of the Adapt Essential Services Pty Ltd Enterprise Agreement 2014 - 2018.

[1] An application has been made for approval of an enterprise agreement known as the Adapt Essential Services Pty Ltd Enterprise Agreement 2014 - 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Adapt Essential Services Pty 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] Pursuant to s. 205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] The Agreement was approved on 10 November 2014 and, in accordance with s.54, will operate from 17 November 2014. The nominal expiry date of the Agreement is 9 November 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Adapt Essential Services Pty Ltd sought approval of the Adapt Essential Services Pty Ltd Enterprise Agreement 2014-2018. The applicant, a company operating in the disability support sector, entered into an enterprise agreement with a union representing its employees. The union contended that the agreement adequately covered the terms and conditions of employment for the relevant workforce. The applicant argued that the agreement contained provisions that were inconsistent with its business model and operational requirements.

The central legal issue was whether the provisions of the enterprise agreement aligned with the requirements of the Fair Work Act 2009. Specifically, the applicant raised concerns about several clauses, including those relating to rostering, penalty rates, and shift allowances. The union argued that the agreement was fair and reasonable, and that the provisions were necessary to protect the rights and interests of the employees.

The Commission examined the provisions in question, considering the context of the business and the nature of the work performed by the employees. It found that while some of the clauses did not align with the applicant's business model, others were reasonable and necessary to ensure fair and equitable treatment of the employees. The Commission determined that the overall agreement was in the best interests of the employees and approved it subject to certain modifications. These modifications included amendments to the rostering and shift allowance provisions, which were deemed to be more aligned with the applicant's operational requirements.

The final orders of the Commission approved the Adapt Essential Services Pty Ltd Enterprise Agreement 2014-2018, subject to the modifications made to the rostering and shift allowance provisions. The applicant was required to implement the modified agreement and provide written notice to the union and affected employees of the changes. The union was also required to provide written notice to its members of the outcome of the application and the modifications made to the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established