DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Autism Queensland Limited
(AG2017/5878)

AUTISM QUEENSLAND LIMITED EMPLOYEE AGREEMENT 2018

Educational services
COMMISSIONER SAUNDERS	NEWCASTLE, 15 MARCH 2018

Application for approval of the Autism Queensland Limited Employee Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Autism Queensland Limited Employee Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Autism Queensland Limited. 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] The Independent Education Union of Australia and Australian Municipal, Administrative, Clerical and Services Union 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 the organisations.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 March 2018. The nominal expiry date of the Agreement is 22 March 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Autism Queensland Limited applied for the approval of an employee agreement under the Fair Work Act 2009. The application was brought before the Fair Work Commission (FWC) due to the organisation’s concerns about the potential impact of the proposed agreement on its employees and operations. The FWC was tasked with determining whether the proposed agreement complied with the requirements of the Act and whether it met the “better off overall test” (BOOT), ensuring that employees would be no worse off financially and had certain benefits compared to the applicable award or registered agreement.

The central legal issues before the FWC included whether the proposed agreement adequately protected employees' rights and interests, and whether it provided for terms and conditions that were at least as good as, or better than, those provided under the applicable award or registered agreement. The court had to consider whether the agreement provided sufficient safeguards for employees, particularly in relation to their working hours, pay rates, and other conditions of employment. Additionally, the FWC had to evaluate if the agreement would result in employees being better off overall.

In rendering its decision, the FWC assessed the proposed agreement against the statutory criteria set out in the Fair Work Act. The Commission found that the agreement met the legislative requirements and provided employees with improved conditions and benefits compared to those under the applicable award. The FWC concluded that the agreement was fair and balanced, taking into account the needs of both the organisation and its employees. Consequently, the FWC approved the Autism Queensland Limited Employee Agreement 2018, affirming that it met the BOOT and was in the best interest of the employees.

The Fair Work Commission ordered the approval of the Autism Queensland Limited Employee Agreement 2018, effective from the date of the decision. The agreement was to be registered with the Fair Work Ombudsman, ensuring its enforceability and compliance with the Fair Work Act. The decision provided clarity and certainty for both the organisation and its employees, ensuring that the terms and conditions of employment were fair and reasonable.

Autism Queensland Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established