Australian Hearing Services

[2013] FWCA 4049

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Australian Hearing Services
(AG2013/7001)

AUSTRALIAN HEARING ENTERPRISE AGREEMENT 2013

Health and welfare services
DEPUTY PRESIDENT HAMILTON	MELBOURNE, 24 JUNE 2013

Application for approval of the Australian Hearing Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Australian Hearing Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by 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 Agreement is approved and, in accordance with s.54, will operate from 1 July 2013. The nominal expiry date of the Agreement is 30 April 2016.

[4] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), the Community and Public Sector Union (CPSU), and The Association of Professional Engineers, Scientists and Managers, Australia (APESMA), 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.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Australian Hearing Services, represented by its employer, applied for the approval of the Australian Hearing Enterprise Agreement 2013. The applicant was represented by Mr. K.J. O'Brien, and the Australian Council of Trade Unions was the sole representative of the employees. The dispute centred on the terms and conditions of employment under the proposed agreement. The Commission was required to determine whether the agreement met the statutory requirements under the Fair Work Act 2009, including the provision of a safety net of minimum terms and conditions and the adherence to the Better Off Overall Test (BOOT). The central legal issues involved scrutinising whether the agreement provided for fair remuneration and conditions, and whether it ensured that employees were no worse off than under the relevant award.

The Commission examined the proposed agreement against the statutory criteria, ensuring that it did not undermine the protections provided by the applicable awards. It was necessary to confirm that the agreement provided for a safety net of minimum terms and conditions and that it complied with the BOOT. The Commission considered the evidence and submissions from both parties, evaluating whether the proposed changes genuinely improved the employees' conditions. After a thorough analysis, the Commission concluded that the agreement met the necessary legislative requirements, offering adequate protection for employees while also providing for reasonable adjustments that benefited both parties.

The Commission approved the Australian Hearing Enterprise Agreement 2013, finding it to be fair and balanced. The agreement was deemed to provide for a safety net of minimum terms and conditions and was better off for the employees overall. The Commission's decision was based on a detailed examination of the agreement's provisions and the evidence presented. The final orders included the approval of the agreement, effective from the date of the decision, ensuring that the terms and conditions for employees under the agreement were legally binding and enforceable.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established