DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Australian Federation of AIDS Organisations
(AG2017/2519)

AUSTRALIAN FEDERATION OF AIDS ORGANISATIONS ENTERPRISE AGREEMENT 2017

Social, community, home care and disability services
COMMISSIONER SAUNDERS	MELBOURNE, 16 AUGUST 2017

Application for approval of the Australian Federation of AIDS Organisations Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Australian Federation of AIDS Organisations Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Darryl O’Donnell on behalf of the Australian Federation of AIDS Organisations. 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[7] The Australian Municipal, Administrative, Clerical and Services Union 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.

[8] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 August 2017. The nominal expiry date of the Agreement is 31 January 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The parties to the case were the Australian Federation of AIDS Organisations (AFAO) and the relevant employers. The dispute centred around the approval of the Australian Federation of AIDS Organisations Enterprise Agreement 2017. The matter was heard in the Fair Work Commission. The Commission was required to determine whether the agreement met the necessary legislative requirements for approval.

The key legal issues before the Commission included whether the agreement provided for the appropriate classification and remuneration of employees, and if it included the necessary provisions for dispute resolution. Additionally, the Commission needed to assess whether the agreement complied with the relevant provisions of the Fair Work Act 2009. This included whether it was made in good faith and if it provided for a fair and efficient system for resolving disputes between the parties.

In its decision, the Commission examined the provisions of the agreement and considered the submissions made by both parties. The Commission noted that the agreement provided for appropriate classification and remuneration for employees, as well as necessary provisions for dispute resolution. The Commission found that the agreement was made in good faith and that it provided for a fair and efficient system for resolving disputes. The Commission concluded that the agreement met the necessary legislative requirements for approval.

The Fair Work Commission approved the Australian Federation of AIDS Organisations Enterprise Agreement 2017, finding it met the necessary requirements under the Fair Work Act 2009. The agreement was deemed to provide for appropriate classification and remuneration for employees, as well as necessary provisions for dispute resolution. Furthermore, the Commission found that the agreement was made in good faith and provided for a fair and efficient system for resolving disputes between the parties.

Australian Federation of AIDS Organisations

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established