ALARA Qld Limited

[2016] FWCA 2194

DECISION

Fair Work Act 2009
s.185—Enterprise agreement
ALARA Qld Limited t/a ALARA
(AG2016/2470)
ALARA QLD LIMITED ENTERPRISE AGREEMENT 2015
Social, community, home care and disability services
COMMISSIONER SAUNDERS	SYDNEY, 8 APRIL 2016

Application for approval of the ALARA QLD Limited Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the

ALARA QLD Limited Enterprise Agreement 2015 (the Agreement). The application was made

pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by ALARA Qld

Limited t/a ALARA. 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.
[2016] FWCA 2194

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from

15 April 2016. The nominal expiry date of the Agreement is 15 April 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

[2016] FWCA 2194

Annexure A

CaseChat Overview and Summary

The Fair Work Commission has approved the ALARA QLD Limited Enterprise Agreement 2015 (the Agreement) under section 185 of the Fair Work Act 2009. The application for approval was submitted by ALARA Qld Limited trading as ALARA. This Agreement is a single enterprise agreement intended to govern the relationship between the employer and employees within the social, community, home care, and disability services sector. Commissioner Saunders presided over the decision, which was delivered on 8 April 2016 in Sydney.

The legal issues that the Court had to resolve were whether the Agreement met the requirements of sections 186, 187, 188, and 190 of the Fair Work Act 2009, and if the Undertakings provided by the employer would likely cause financial detriment to any employee or result in substantial changes to the Agreement. The Court considered the Undertakings provided by the employer, which were intended to ensure that the acceptance of the Undertakings would not lead to financial detriment for employees or significant changes to the Agreement. The views of the bargaining representatives were also sought and considered.

The Commissioner found that the Undertakings provided by the employer were satisfactory and did not foreseeably cause financial detriment to any employee or result in substantial changes to the Agreement. As such, the Commissioner accepted the Undertakings in line with subsection 190(3) of the Act. The Commissioner was satisfied that all relevant requirements of sections 186, 187, 188, and 190 of the Act had been met, subject to the Undertakings. Consequently, the Agreement was approved, and it will operate from 15 April 2016, with a nominal expiry date of 15 April 2019, as per section 54 of the Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established