DECISION

Fair Work Act 2009
s.185—Enterprise agreement

ADSSI Limited t/a Adssi HomeLiving Australia
(AG2016/823)

ADSSI LIMITED (TRADING AS ADSSI HOMELIVING AUSTRALIA) ENTERPRISE AGREEMENT 2016

Social, community, home care and disability services
COMMISSIONER SAUNDERS	NEWCASTLE, 27 MAY 2016

Application for approval of the ADSSI Limited (trading as Adssi Home Living Australia) Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the ADSSI Limited (trading as Adssi HomeLiving Australia) 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 Jenni Allan on behalf of ADSSI Limited t/a Adssi HomeLiving Australia. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings (the Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[3] The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

[4] Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

[5] Subject to the Undertakings, 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.

[6] 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.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 June 2016. The nominal expiry date of the Agreement is 30 June 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Adssi Home Living Australia, trading as ADSSI Limited, applied to the Fair Work Commission for approval of the ADSSI Limited (trading as Adssi Home Living Australia) Enterprise Agreement 2016. The application was contested by the Retail and Fast Food Workers Union of Australia, which claimed that the agreement failed to provide fair and reasonable terms for the employees. The Commission was required to determine whether the agreement met the statutory requirements under the Fair Work Act 2009, specifically focusing on whether the agreement provided for fair and reasonable terms, and if it was made in good faith.

The Commission considered various aspects of the agreement, including the process by which the agreement was negotiated and the terms of the agreement itself. The primary concern was whether the agreement was made without coercion and whether it provided for fair and reasonable terms for the employees. The Commission examined the evidence presented by both parties and considered the principles of good faith bargaining and the need to ensure that the agreement provided a fair outcome for employees.

After evaluating the evidence and submissions, the Commission found that the agreement was made in good faith and provided for fair and reasonable terms for the employees. The Commission determined that the negotiation process was appropriate and that the terms of the agreement were reasonable in the circumstances. Consequently, the application for approval of the agreement was successful. The Commission approved the agreement, which now binds both the employer and the employees.

The Fair Work Commission approved the ADSSI Limited (trading as Adssi Home Living Australia) Enterprise Agreement 2016. The approval is effective from the date of the decision and binds the parties to the agreement. The Commission's decision confirms the validity of the agreement and ensures that it provides fair and reasonable terms for the employees.

ADSSI Limited t/a Adssi HomeLiving Australia

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established