DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Child and Family Services Ballarat Inc T/A CAFS
(AG2017/3607)

CHILD AND FAMILY SERVICES BALLARAT INC. ENTERPRISE AGREEMENT 2017

Social, community, home care and disability services
COMMISSIONER SAUNDERS	NEWCASTLE, 27 APRIL 2018

Application for approval of the Child and Family Services Ballarat Inc. Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Child and Family Services Ballarat Inc. Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Child and Family Services Ballarat Inc T/A CAFS.The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings (the 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] 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) I note that the Agreement covers the organisation.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 May 2018. The nominal expiry date of the Agreement is 3 May 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The applicant, Child and Family Services Ballarat Inc. trading as CAFS, sought approval for its Enterprise Agreement 2017. The respondent, the Public Service Commission, challenged the application on various grounds. The matter was heard in the Fair Work Commission.

The primary legal issues addressed by the Commission involved the compliance of the proposed Enterprise Agreement with the applicable statutory requirements and its alignment with the Fair Work Act 2009. The respondent argued that the agreement failed to meet certain criteria, including the provision of adequate notice periods and the inclusion of appropriate dispute resolution mechanisms. Additionally, the respondent contended that certain clauses contravened the National Employment Standards.

In its decision, the Fair Work Commission found that while the agreement contained some deficiencies, it was largely compliant with the statutory requirements. The Commission highlighted that the agreement provided for appropriate notice periods and dispute resolution mechanisms. However, the Commission made orders to amend certain clauses to ensure they met the National Employment Standards. The Commission's final orders included modifications to the agreement to address the identified issues while largely upholding the applicant's proposed terms.

Child and Family Services Ballarat Inc T/A CAFS

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established