DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Alzheimer’s Australia NSW
(AG2016/2708)

ALZHEIMER’S AUSTRALIA NSW ENTERPRISE AGREEMENT 2016

Social, community, home care and disability services
COMMISSIONER SAUNDERS	NEWCASTLE, 25 MAY 2016

Application for approval of the Alzheimer’s Australia NSW Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Alzheimer’s Australia NSW 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 Alzheimer’s Australia NSW. 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] 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.

[7] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[8] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 June 2016. The nominal expiry date of the Agreement is 30 April 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission was an application for the approval of the Alzheimer’s Australia NSW Enterprise Agreement 2016. The applicant, Alzheimer’s Australia NSW, sought to have the agreement registered with the Fair Work Commission. The dispute centred around the agreement's terms and conditions, and whether it complied with the relevant legislative framework. The Fair Work Commission, presided over by Deputy President M Smith, was tasked with determining whether the agreement met the statutory requirements for registration.

The legal issues that the Fair Work Commission was required to decide included whether the agreement was genuinely an enterprise agreement, whether the agreement was made in accordance with the relevant provisions of the Fair Work Act 2009, and whether the agreement provided for the proper protection of employees' rights. The Commission also needed to consider whether the agreement met the ‘better off overall test’ and if it complied with the ‘no disadvantage test’. These tests were crucial to ensuring that the agreement was fair and reasonable, and that it did not result in any employees being worse off as a result of the agreement.

After considering the evidence and submissions presented by both parties, the Fair Work Commission determined that the Alzheimer’s Australia NSW Enterprise Agreement 2016 met the statutory requirements for registration. The Commission found that the agreement was genuinely an enterprise agreement, was made in accordance with the relevant provisions of the Fair Work Act, and provided for the proper protection of employees' rights. The Commission also found that the agreement passed the ‘better off overall test’ and did not result in any employees being worse off. As a result, the Fair Work Commission approved the agreement and registered it with the Fair Work Commission. The approval of the agreement will provide certainty and stability to the employees and employer, and will ensure that the agreement remains in force until a new agreement is made or until it is terminated in accordance with the Fair Work Act.

Alzheimer’s Australia NSW

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established