DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Australian People For Health Education & Development Abroad Inc T/A Union Aid Abroad - APHEDA
(AG2018/640)

UNION AID ABROAD-APHEDA STAFF AGREEMENT 2018-2019

Social, community, home care and disability services
COMMISSIONER LEE	MELBOURNE, 15 JUNE 2018

Application for approval of the Union Aid Abroad-APHEDA Staff Agreement 2018-2019.

[1] An application has been made for approval of an enterprise agreement known as the Union Aid Abroad-APHEDA Staff Agreement 2018-2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Australian People For Health Education & Development Abroad Inc T/A Union Aid Abroad-APHEDA. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, 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.

[4] 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.

[5] 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 June 2018. The nominal expiry date of the Agreement is 14 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Union Aid Abroad - APHEDA, an incorporated association, sought approval of an industrial instrument from the Fair Work Commission. The document in question was the Union Aid Abroad-APHEDA Staff Agreement 2018-2019. The application was lodged by the association as it sought to finalise its workplace arrangements for the forthcoming year. The central issue before the Commission was whether the proposed agreement complied with the Fair Work Act 2009. The Commission needed to consider the fairness of the agreement and its conformity to the legislative standards for employee relations.

The Fair Work Commission reviewed the proposed agreement clause by clause, examining its provisions in light of the legislative framework and principles of procedural fairness. The Commission assessed the agreement's provisions on remuneration, working conditions, and dispute resolution. The Commission also considered the fairness of the agreement to both employees and the employer. Given the absence of any substantive objections or evidence of unfairness, the Commission found that the agreement met the statutory requirements. The Commission was satisfied that the agreement was fair and balanced, taking into account the interests of both parties.

In light of the above, the Fair Work Commission approved the Union Aid Abroad-APHEDA Staff Agreement 2018-2019. The Commission noted that the agreement was fair and met all statutory requirements. The Commission emphasised the importance of the agreement in providing a stable and fair framework for industrial relations within the association. The Commission's approval was a testament to the thorough consideration of the agreement's provisions and their alignment with the Fair Work Act 2009. This decision provides clarity and certainty for the parties involved, ensuring that the agreement operates within the legal framework designed to protect the interests of employees and employers alike.

Australian People For Health Education & Development Abroad Inc T/A Union Aid Abroad - APHEDA

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established