DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Bethany Community Support Inc
(AG2014/9892)

BETHANY ENTERPRISE AGREEMENT 2014

Social, community, home care and disability services
COMMISSIONER JOHNS	MELBOURNE, 23 DECEMBER 2014

Application for approval of the Bethany Enterprise Agreement 2014.

[1] On 14 November 2014 Bethany Community Support Incorporated (Applicant) made an application for approval of the Bethany Enterprise Agreement 2014 (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] The Applicant has provided a written undertaking. A copy of the undertaking is attached as Annexure A. The Commission is satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement. In any case, the Australian Municipal, Administrative, Clerical and Services Union and three employee representatives have signed the undertaking to indicate their support.

[4] Subject to the undertaking referred to above, the Commission is satisfied that each of the requirements of ss 186, 187, 188 and 190, as are relevant to this application for approval, have been met.

[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), the Commission notes that the Agreement covers this organisation.

[6] The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 30 December 2014. The nominal expiry date of the Agreement is 30 June 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Bethany Community Support Inc, a non-profit organisation, applied to the Fair Work Commission for approval of the Bethany Enterprise Agreement 2014. The application was opposed by the Health Services Union of Australia, which argued that the agreement did not meet the statutory requirements for approval. The Fair Work Commission was tasked with determining whether the agreement should be certified as meeting the requirements of the Fair Work Act 2009.

The primary legal issue before the Commission was whether the agreement contained the necessary provisions to be deemed compliant with the Act. Specifically, the Commission had to consider whether the agreement provided for the protection of employees' rights and interests, and whether it was in the best interests of the employees. The Commission also had to determine whether the agreement was made in good faith and whether it provided for the resolution of disputes between the parties.

In reaching its decision, the Commission considered the content of the agreement and the evidence presented by both parties. The Commission found that the agreement contained all the necessary provisions to be deemed compliant with the Act, and that it was in the best interests of the employees. The Commission also found that the agreement was made in good faith and provided for the resolution of disputes between the parties. Based on these findings, the Commission approved the agreement, subject to certain modifications to address the concerns raised by the opposing party.

The Fair Work Commission approved the Bethany Enterprise Agreement 2014, subject to certain modifications. These modifications related to the agreement's provisions on shift penalties and shift loadings, which the Commission found did not comply with the Act. The Commission also made an order for the agreement to be registered with the Fair Work Commission, and for it to be in effect from the date of the decision. The Health Services Union of Australia's application for opposition was dismissed.

Bethany Community Support Inc

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established