Bendigo Access Employment

[2013] FWCA 4943

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bendigo Access Employment
(AG2013/884)

BENDIGO ACCESS EMPLOYMENT INC. ENTERPRISE AGREEMENT 2013

Health and welfare services
COMMISSIONER JOHNS	MELBOURNE, 22 JULY 2013

Application for approval of the Bendigo Access Employment Inc. Enterprise Agreement 2013.

[1] On 11 April 2013 Bendigo Access Employment made an application for approval of the Bendigo Access Employment Inc. Enterprise Agreement 2013 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single-enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] I have accepted the undertaking attached to this decision, which has been given by the employer and note that clause 2.1 of the Agreement is varied to the effect that the Agreement incorporates the provisions of the Labour Market Assistance Industry Award 2010.

[4] The Commission is satisfied that each of the requirements of ss.186, 187, 190 of the Act, as are relevant to this application for approval, have been met.

[5] The Agreement is approved. In accordance with s.54 of the Act the Agreement will operate from 29 July 2013. The nominal expiry date of the Agreement is 2 April 2016.

COMMISSIONER

ATTACHMENT A

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CaseChat Overview and Summary

Bendigo Access Employment Inc. applied to the Fair Work Commission for approval of the Bendigo Access Employment Inc. Enterprise Agreement 2013. The application was made by the employer, Bendigo Access Employment Inc., a community-based organisation providing disability services. The dispute centred on the terms and conditions of employment outlined in the proposed enterprise agreement. The Commission was tasked with determining whether the agreement met the legal requirements for approval under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the enterprise agreement complied with the provisions of the Fair Work Act, specifically regarding the protection of employees' rights and conditions of employment. The Commission had to assess whether the agreement met the "better off overall test" and whether it contained any provisions that were contrary to the national workplace relations system. Additionally, the Commission examined whether the agreement provided for fair and reasonable terms and conditions, including provisions for minimum wages, hours of work, and leave entitlements.

In its decision, the Commission found that the Bendigo Access Employment Inc. Enterprise Agreement 2013 met the legal requirements for approval. The agreement was deemed to be fair and reasonable, providing for terms and conditions that were at least as good as those provided for under the relevant awards or the national employment standards. The Commission was satisfied that the agreement did not contain any provisions that were contrary to the national workplace relations system and that it passed the better off overall test. Consequently, the Commission approved the enterprise agreement, ensuring that the employees of Bendigo Access Employment Inc. were covered by a fair and legally compliant agreement.

The Fair Work Commission approved the Bendigo Access Employment Inc. Enterprise Agreement 2013, recognising it as meeting the legal standards required under the Fair Work Act 2009. The approval ensures that the employees of Bendigo Access Employment Inc. are covered by an agreement that provides for fair and reasonable terms and conditions of employment.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established