DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Basic Rights Queensland
(AG2019/230)

BASIC RIGHTS QUEENSLAND ENTERPRISE AGREEMENT 2019

Social, community, home care and disability services
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 6 MAY 2019

Application for approval of the Basic Rights Queensland Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Basic Rights Queensland Enterprise Agreement 2019 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Basic Rights Queensland. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings (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.202(4) of the Act, the model flexibility 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) of the Act, 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 13 May 2019. The nominal expiry date of the Agreement is 5 May 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case before the Fair Work Commission involved an application by Basic Rights Queensland to have their Enterprise Agreement 2019 approved. The application was brought in accordance with the Fair Work Act 2009, seeking to formalise the terms and conditions of employment for the organisation's workers. The dispute centred around the fairness and reasonableness of various provisions within the proposed agreement.

The legal issues that the Commission needed to address included whether the proposed agreement met the requirements for direct approval, particularly concerning the fairness of the terms and conditions. The Commission had to consider whether the agreement was fair and reasonable, taking into account the needs of the organisation, the workforce, and the broader economic environment. This involved an analysis of the agreement's provisions, including wages, hours of work, leave entitlements, and other employment terms.

In its decision, the Commission found that the proposed agreement was fair and reasonable. The Commission took into account the evidence provided by both parties, including submissions and expert opinions, and considered the broader context of the agreement within the industry. The Commission was satisfied that the agreement balanced the interests of the organisation and its employees appropriately. As such, the application for approval was granted, and the Enterprise Agreement 2019 was formally approved.

Basic Rights Queensland

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established