DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Comcare
(AG2016/668)

COMCARE ENTERPRISE AGREEMENT 2016-2019

Australian Capital Territory
COMMISSIONER LEE	MELBOURNE, 5 APRIL 2016

Application for approval of the Comcare Enterprise Agreement 2016-2019.

[1] An application has been made for approval of an enterprise agreement known as the Comcare Enterprise Agreement 2016-2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Comcare. The Agreement is a single enterprise agreement.

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

[3] The CPSU, the Community and Public Sector 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.

[4] The Agreement was approved on 5 April 2016 and, in accordance with s.54, will operate from 12 April 2016. The nominal expiry date of the Agreement is 4 April 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Comcare is a Commonwealth employer that provides workplace safety and rehabilitation services. The matter before the Fair Work Commission involved an application for the approval of the Comcare Enterprise Agreement 2016-2019. The dispute centred on whether the agreement met the legal requirements for approval under the Fair Work Act 2009. The Commission was tasked with ensuring the agreement did not disadvantage employees, provided for fair terms and conditions, and was negotiated in good faith.

The primary legal issues before the Commission were whether the agreement contained terms that were contrary to the public interest, whether the terms were fair and reasonable, and whether the agreement was genuinely negotiated. The Commission also needed to assess whether the agreement met the 'better-off, overall and in the round' test, ensuring employees would not be worse off overall compared to their previous terms.

After thorough examination, the Commission found that the agreement did not disadvantage employees, met the public interest, and was fair and reasonable. The Commission concluded that the agreement was genuinely negotiated and passed the 'better-off, overall and in the round' test. Consequently, the Commission approved the Comcare Enterprise Agreement 2016-2019, ensuring its implementation as a legally binding contract between Comcare and its employees.

Comcare

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established