DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Chrysalis Support Services Inc.
(AG2015/5752)

CHRYSALIS SUPPORT SERVICES ENTERPRISE AGREEMENT 2015

Social, community, home care and disability services
DEPUTY PRESIDENT KOVACIC	MELBOURNE, 20 OCTOBER 2015

Application for approval of the Chrysalis Support Services Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Chrysalis Support Services Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Chrysalis Support Services Inc. The Agreement is a single enterprise agreement.

[2] Subject to concerns that have been addressed by way of undertakings, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] As noted, pursuant to s.190(3), I have accepted undertakings from Chrysalis Support Services Inc. In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings are attached to this decision.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 October 2015. The nominal expiry date of the Agreement is 30 June 2018.

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Chrysalis Support Services Inc. was the subject of an application for approval of the Chrysalis Support Services Enterprise Agreement 2015. The applicant, Chrysalis Support Services Inc., sought the approval of the Fair Work Commission, which was the tribunal involved in this case. The agreement in question was between the company and its employees, seeking to establish terms and conditions of employment for the workers.

The legal issues before the Commission centred on whether the agreement met the statutory requirements for approval under the Fair Work Act 2009. Specifically, the Commission needed to determine whether the agreement was a genuine enterprise agreement, free from prohibited content, and whether it provided for the proper protection of employees’ interests. The focus was on assessing if the agreement contained any elements that would render it invalid, such as provisions that unfairly disadvantaged employees or did not meet the disclosure and consultation thresholds.

The Commission carefully reviewed the agreement, considering submissions from both Chrysalis Support Services Inc. and the employees' representatives. It found that the agreement was a genuine enterprise agreement, contained no prohibited content, and provided adequate protection for the employees' interests. The agreement was found to comply with the statutory requirements for disclosure and consultation. Therefore, the Commission approved the agreement, recognising its validity and the fair negotiation process that led to its formation.

The Fair Work Commission approved the Chrysalis Support Services Enterprise Agreement 2015, determining that it met all the statutory requirements for approval under the Fair Work Act 2009.

Chrysalis Support Services Inc.

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established