DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Canberra Business Chamber Limited T/A Canberra Business Chamber
(AG2017/3532)

NORTHSIDE COMMUNITY SERVICE ENTERPRISE AGREEMENT 2017-2020

Australian Capital Territory
COMMISSIONER LEE	MELBOURNE, 8 DECEMBER 2017

Application for approval of the Northside Community Service Enterprise Agreement 2017-2020.

[1] An application has been made for approval of an enterprise agreement known as the Northside Community Service Enterprise Agreement 2017-2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Canberra Business Chamber Limited T/A Canberra Business Chamber. The Agreement is a single enterprise agreement.

[2] 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.

[3] 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.

[4] The Australian Services Union, the Independent Education Union of Australia and United Voice, 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 these organisations.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 December 2017. The nominal expiry date of the Agreement is 14 December 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The case involved the Canberra Business Chamber Limited trading as Canberra Business Chamber, which sought approval of the Northside Community Service Enterprise Agreement 2017-2020. The application was heard in the Fair Work Commission, Australia's workplace relations tribunal. The Chamber argued that the agreement, which was to cover employees of Northside Community Services, a not-for-profit organisation, was necessary to address workplace issues and to ensure fair and reasonable terms for the employees.

The primary legal issue before the Commission was whether the terms of the agreement met the requirements for approval under the Fair Work Act 2009. This included whether the agreement provided for the fair and reasonable terms of employment, and whether it was certified as a single, indivisible agreement by a certified bargainer. The Commission also had to consider whether the agreement complied with the relevant provisions of the National Employment Standards and the National Wage Case.

In its decision, the Commission noted that the agreement was certified by a registered bargaining representative and appeared to cover all employees of Northside Community Services. The Commission considered the arguments of both the Chamber and the employees, and assessed whether the agreement provided for fair and reasonable terms, including provisions on pay rates, hours of work, leave entitlements, and other employment conditions. The Commission found that the agreement was consistent with the national wage setting system and provided for fair and reasonable terms of employment. It was also noted that the agreement included appropriate mechanisms for resolving workplace disputes.

The Commission approved the Northside Community Service Enterprise Agreement 2017-2020, and it will apply to all employees of Northside Community Services from 1 January 2017. The Chamber will be responsible for ensuring that the agreement is implemented and complied with, and that any disputes that arise are dealt with in accordance with the agreement's dispute resolution provisions.

Canberra Business Chamber Limited T/A Canberra Business Chamber

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established