Burles Consulting Pty Ltd T/A Burles Consulting Pty Ltd

[2023] FWCA 1114

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Burles Consulting Pty Ltd T/A Burles Consulting Pty Ltd

(AG2023/919)

MONTAGU COMMUNITY LIVING INC. UNION COLLECTIVE AGREEMENT 2023

Social, community, home care and disability services
DEPUTY PRESIDENT O'NEILL	MELBOURNE, 19 APRIL 2023

Application for approval of the Montagu Community Living Inc. Union Collective Agreement 2023

Burles Consulting Pty Ltd has applied for approval of an enterprise agreement known as the Montagu Community Living Inc. Union Collective Agreement 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and is a single enterprise agreement.

The Employer 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. The undertakings are taken to be a term of the Agreement.

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.

The Health 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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 April 2023. The nominal expiry date of the Agreement is 31 March 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved Burles Consulting Pty Ltd, trading as Burles Consulting Pty Ltd, and the application for the approval of the Montagu Community Living Inc. Union Collective Agreement 2023. The application was brought before the Fair Work Commission, which is the body responsible for approving collective agreements in Australia.

The primary legal issues that the court had to address were whether the collective agreement met all the statutory requirements for approval and if it complied with the relevant provisions of the Fair Work Act 2009. The court had to examine whether the agreement was made in good faith, whether it provided for proper dispute resolution mechanisms, and whether it satisfied the requirements for employee representation. Additionally, the court needed to determine whether the agreement was fair and reasonable in terms of its impact on the employees and the employer.

The court considered the arguments presented by both parties, examining the contents of the collective agreement in detail. It looked at whether the agreement provided for appropriate terms and conditions of employment, including pay rates, hours of work, leave provisions, and other employment-related matters. The court also assessed if the agreement provided for fair and effective dispute resolution mechanisms and whether it ensured that employees were adequately represented. After careful consideration, the court concluded that the collective agreement met all the necessary requirements for approval. The court found that the agreement was fair and reasonable and provided for appropriate terms and conditions of employment. The court was satisfied that the agreement was made in good faith, provided for proper dispute resolution mechanisms, and ensured adequate employee representation.

The court approved the Montagu Community Living Inc. Union Collective Agreement 2023, allowing it to come into effect as per its terms. This decision meant that the agreement would govern the employment conditions of the employees covered by the agreement, and both parties would be bound by its provisions.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established