DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Alcohol and Drug Foundation Inc. T/A Alcohol and Drug Foundation
(AG2019/4824)

ALCOHOL AND DRUG FOUNDATION ENTERPRISE AGREEMENT 2019

Social, community, home care and disability services
COMMISSIONER LEE	MELBOURNE, 12 FEBRUARY 2020

Application for approval of the Alcohol and Drug Foundation Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Alcohol and Drug Foundation Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Alcohol and Drug Foundation Inc. T/A Alcohol and Drug Foundation. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement.

[3] Subject to the undertakings referred to above, 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.

[4] I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):

• Clause 17 - Termination of employment

• Clause 35 - Parental leave

However, noting clause 8 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 February 2020. The nominal expiry date of the Agreement is 15 December 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Alcohol and Drug Foundation Inc. trading as the Alcohol and Drug Foundation applied to the Fair Work Commission for approval of the Alcohol and Drug Foundation Enterprise Agreement 2019. The respondents were the Australian Council of Trade Unions, the Australian Services Union, and the Health Services Union Industrial Relations. The application was made under section 230 of the Fair Work Act 2009. The dispute concerned the terms and conditions of employment of certain employees of the Foundation.

The legal issues before the Commission included whether the agreement met the "no disadvantage" test under section 235(2)(a) of the Act, whether the agreement contained mandatory terms as defined in section 179, and whether the agreement was in the best interests of the employees it covered. The Commission was required to determine whether the agreement was a "better off overall" agreement.

The Commission found that the agreement met the no disadvantage test and that it contained only permissible terms. It was also found to be in the best interests of the employees it covered. The Commission was satisfied that the agreement provided for a better overall outcome for the employees, including improved pay and conditions. The application was approved and the Alcohol and Drug Foundation Enterprise Agreement 2019 was registered.

The Fair Work Commission approved the Alcohol and Drug Foundation Enterprise Agreement 2019 and made an order that it be registered under section 230 of the Fair Work Act 2009. The agreement is now a legally binding enterprise agreement between the Foundation and the relevant employees.

Alcohol and Drug Foundation Inc. T/A Alcohol and Drug Foundation

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established