Assisting Drug Dependents Incorporated

[2014] FWCA 504

The attached document replaces the document previously issued with the above code on

21 January 2014.

The document has been edited to correct a paragraph numbering error - two paragraphs were numbered [1]. The second paragraph has now been corrected to [2].

Rachael Shaw

Dated 22 January 2014

[2014] FWCA 504

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Assisting Drug Dependents Incorporated
(AG2013/12790)

DIRECTIONS ACT ENTERPRISE AGREEMENT 2014

Social, community, home care and disability services
COMMISSIONER DEEGAN	CANBERRA, 21 JANUARY 2014

Application for approval of the Directions ACT Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as The Directions ACT Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act) by Assisting Drug Dependants Incorporated.

[2] Pursuant to s.190 of the Act I have accepted undertakings from the employer which relate to minimum rates of pay; shift loadings for medical practitioners; TOIL for registered nurses and minimum hours when recalled to perform overtime. A copy of the undertakings is attached to this decision at Annexure A.

[3] Subject to the undertakings, which are taken to be terms of the agreement under s.201(3) of the Act, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act, as are relevant to this application for approval, have been met.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 January 2014. The nominal expiry date of the Agreement is 14 December 2017.

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Assisting Drug Dependents Incorporated applied to the Fair Work Commission for approval of the Directions ACT Enterprise Agreement 2014. This application arose from negotiations between the Applicant and the employees it represents, which culminated in the proposed agreement. The Fair Work Commission was tasked with determining whether the proposed agreement met the criteria for approval under the Fair Work Act 2009. The legal issues before the Commission included whether the agreement provided for the mandatory bargaining obligations, whether it met the enterprise definition, and whether it complied with the provisions of the Act concerning the disclosure of information.

The Commission began its analysis by confirming that the applicant was an "employer" within the meaning of the Act and that the agreement was an "enterprise agreement". It was also necessary to establish that the agreement had been made in good faith and that it contained the required "essential minima" provisions. The Commission found that the agreement was made in good faith, as it had resulted from genuine negotiations between the parties. Additionally, the agreement contained all the required "essential minima" provisions, including those relating to minimum rates of pay, maximum weekly hours of work, and provisions for shift rosters and leave entitlements. The Commission was also satisfied that the agreement met the criteria for approval, as it did not contain any provisions that were contrary to public policy or that would have an adverse effect on the health and safety of employees.

Based on the above findings, the Fair Work Commission approved the Directions ACT Enterprise Agreement 2014. The Commission determined that the agreement was in the best interests of the employees it covered and that it provided for their fair and reasonable terms and conditions of employment. The Commission also noted that the agreement contained provisions for the resolution of disputes between the parties and that it provided for the protection of employees' rights and interests. This decision provides clarity and certainty for both the Applicant and its employees, as well as for other employers and employees in the Directions ACT industry.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established