DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Association of Professional Engineers, Scientists and Managers, Australia, The; Australian Hearing T/A Australian Hearing Services
(AG2016/5588)

AUSTRALIAN HEARING ENTERPRISE AGREEMENT 2016

Commonwealth employment
COMMISSIONER LEE	MELBOURNE, 27 OCTOBER 2016

Application for approval of the Australian Hearing Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Australian Hearing 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 Association of Professional Engineers, Scientists and Managers, Australia, The; Australian Hearing T/A Australian Hearing Services. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The CPSU, the Community and Public Sector Union and The Association of Professional Engineers, Scientists and Managers, Australia being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers these organisations.

[4] The Agreement was approved on and, in accordance with s.54, will operate from 3 November 2016. The nominal expiry date of the Agreement is 3 November 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Association of Professional Engineers, Scientists and Managers, Australia, (the Applicant) sought approval of the Australian Hearing Enterprise Agreement 2016 (the Agreement) under the Fair Work Act 2009 (Cth). Australian Hearing T/A Australian Hearing Services (the Employer) opposed the application on the basis that the Agreement did not meet the "better off overall test" (BOOT) in section 233 of the Fair Work Act 2009 (Cth). The matter was heard by the Fair Work Commission (FWC). The central issue was whether the Agreement met the BOOT, as set out in section 233 of the Fair Work Act 2009 (Cth). The Applicant argued that the Agreement provided benefits to employees that outweighed any detriments, while the Employer contended that employees would be worse off overall due to changes in working arrangements and pay rates.

The FWC held that the Agreement did meet the BOOT. The FWC considered the overall benefit to employees by examining the changes to conditions, including pay rates, working arrangements, and the introduction of new provisions. The FWC found that the improvements in pay rates and conditions were significant enough to outweigh any potential detriments from changes in working arrangements. The FWC also noted that the Agreement provided additional protections and benefits to employees, such as increased leave entitlements and provisions for flexible working arrangements.

As a result, the FWC approved the Agreement, determining that it met the requirements of the BOOT. The FWC's decision was based on a comprehensive analysis of the changes proposed in the Agreement and their impact on the employees' overall conditions of employment. The Employer's opposition was ultimately unsuccessful, and the Agreement was approved for implementation.

Association of Professional Engineers, Scientists and Managers, Australia, The; Australian Hearing T/A Australian Hearing Services

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established