DECISION

Fair Work Act 2009
s.185—Enterprise agreement

ARC Support Services Ltd.
(AG2016/5998)

ARC SUPPORT SERVICES LTD. ENTERPRISE AGREEMENT 2015

Tasmania
COMMISSIONER ROE	MELBOURNE, 28 NOVEMBER 2016

Application for approval of the ARC Support Services Ltd. Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the ARC Support Services Ltd. 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 ARC Support Services Ltd.. The Agreement is a single enterprise agreement.

[2] The Applicant 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.

[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] The Health Services Union of Australia 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.

[5] The Agreement was approved on and, in accordance with s.54, will operate from 5 December 2016. The nominal expiry date of the Agreement is 5 December 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

ARC Support Services Ltd. applied for the approval of the ARC Support Services Ltd. Enterprise Agreement 2015. The application was made under the Fair Work Act 2009 (Cth) and involved the Fair Work Commission (FWC). The dispute centred on whether the agreement met the legal criteria for approval, specifically regarding the terms of employment, the bargaining process, and compliance with statutory requirements.

The primary legal issues the court needed to address were whether the agreement was made in good faith, if it adhered to the procedural requirements for enterprise agreements, and whether it provided fair terms and conditions for employees. The court also had to determine if the agreement was genuinely negotiated and if it complied with the Fair Work Act's requirements. Additionally, the court examined whether the agreement met the standard of being a "better off overall test" (BOOT) for employees.

The court reviewed the bargaining process and the content of the agreement. It found that the agreement was made in good faith and that the bargaining process was fair and genuine. The court confirmed that the agreement met the statutory requirements and provided fair terms and conditions for employees. It also determined that the agreement passed the BOOT test, as it was likely to be better for employees overall than the applicable awards or other agreements. Consequently, the court approved the ARC Support Services Ltd. Enterprise Agreement 2015, finding it compliant with the Fair Work Act. The approval was based on the comprehensive evidence presented and the court's satisfaction with the agreement's fairness and compliance with legal standards.

ARC Support Services Ltd.

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established