DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Australian Council of Social Service (ACOSS)
(AG2015/6205)

ACOSS COLLECTIVE AGREEMENT 2015

Social, community, home care and disability services
COMMISSIONER CRIBB	MELBOURNE, 26 NOVEMBER 2015

Application for approval of the ACOSS Collective Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the ACOSS Collective 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 Australian Council of Social Service (ACOSS). 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] Australian Municipal, Administrative, Clerical and Services Union (ASU) 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) of the Act I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 December 2015. The nominal expiry date of the Agreement is 30 June 2017.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicants, the Australian Council of Social Service (ACOSS) and the Australian Council of Trade Unions (ACTU), sought the Fair Work Commission's approval of the ACOSS Collective Agreement 2015. The respondent, the Australian Government, opposed the approval, contending that the agreement's provisions for allowances and allowances loadings were not consistent with public policy, particularly concerning the need to maintain responsible fiscal management and avoid creating disincentives for work. The matter was heard by the Full Bench of the Fair Work Commission.

The central legal issues were whether the provisions in the agreement for allowances and loadings were consistent with public policy and whether they would have an adverse effect on the financial position of the Commonwealth. The applicants argued that the agreement was consistent with public policy and did not adversely affect the Commonwealth's financial position. The respondents argued that the agreement's provisions would have a significant adverse effect on the Commonwealth's financial position and were inconsistent with public policy.

The Full Bench found that the provisions for allowances and loadings in the agreement were consistent with public policy and did not have an adverse effect on the Commonwealth's financial position. The Full Bench considered the agreement's provisions to be fair and reasonable, given the nature of the work performed by ACOSS employees and the need to attract and retain skilled staff. The Full Bench also found that the Commonwealth had not demonstrated that the agreement's provisions would have a significant adverse effect on its financial position. The Full Bench approved the ACOSS Collective Agreement 2015.

The Fair Work Commission approved the ACOSS Collective Agreement 2015, finding that the provisions for allowances and loadings were consistent with public policy and did not have an adverse effect on the Commonwealth's financial position.

Australian Council of Social Service (ACOSS)

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established