DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Anglicare SA Limited T/A AnglicareSA
(AG2016/6983)

ANGLICARESA LTD / AUSTRALIAN SERVICES UNION SOCIAL, COMMUNITY, DISABILITY, CLERICAL, ALLIED HEALTH AND MISCELLANEOUS EMPLOYEES AGREEMENT 2016

Social, community, home care and disability services
COMMISSIONER SAUNDERS	NEWCASTLE, 23 FEBRUARY 2017

Application for approval of the AnglicareSA Ltd/Australian Services Union Social, Community, Disability, Clerical, Allied Health, and Miscellaneous Employees Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the AnglicareSA Ltd / Australian Services Union Social, Community, Disability, Clerical, Allied Health and Miscellaneous Employees 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 AnglicareSA Limited. 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 and United Voice 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 2 March 2017. The nominal expiry date of the Agreement is 30 June 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Anglicare SA Limited trading as AnglicareSA, applied to the Fair Work Commission for the approval of the AnglicareSA Ltd/Australian Services Union Social, Community, Disability, Clerical, Allied Health, and Miscellaneous Employees Agreement 2016. The applicant is a not-for-profit organisation which provides aged care and disability services, among other services. The Australian Services Union is a registered trade union representing employees in various industries, including the social and community services sector. The dispute arose from negotiations between the applicant and the union regarding the terms and conditions of employment for certain employees.

The legal issues before the Commission centred on whether the agreement complied with the relevant provisions of the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement was fair and appropriate, taking into account the principles of the Act, and whether it contained appropriate mechanisms for dispute resolution. The Commission also needed to ensure that the agreement met the requirements for "single-interest" employee representation, as the union represented employees in multiple industries.

In making its decision, the Commission considered the evidence provided by both parties, including the terms of the agreement, submissions on the merits of the application, and relevant legislative and regulatory provisions. The Commission found that the agreement was fair and appropriate, as it contained provisions that balanced the interests of both employers and employees, and provided for appropriate dispute resolution mechanisms. The Commission also found that the agreement met the requirements for "single-interest" employee representation, as the union's representation of employees in multiple industries did not undermine its ability to represent the interests of the employees covered by the agreement. Accordingly, the Commission approved the agreement.

The Fair Work Commission approved the AnglicareSA Ltd/Australian Services Union Social, Community, Disability, Clerical, Allied Health, and Miscellaneous Employees Agreement 2016. The approval was effective from the date of the Commission's decision, and the agreement became a registered agreement under the Fair Work Act 2009. The approval was subject to the terms and conditions set out in the agreement, including the dispute resolution mechanisms and the "single-interest" employee representation requirement.

Anglicare SA Limited T/A AnglicareSA

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established