DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Common Equity Housing Limited T/A Vic-Wide Community Housing
(AG2020/204)

COMMON EQUITY HOUSING LIMITED ENTERPRISE AGREEMENT 2020

Social, community, home care and disability services
DEPUTY PRESIDENT MILLHOUSE	MELBOURNE, 6 MAY 2020

Application for approval of the Common Equity Housing Limited Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Common Equity Housing Limited Enterprise Agreement 2020 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Common Equity Housing Limited T/A Vic-Wide Community Housing (Employer). 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, 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 undertakings are taken to be a term of the Agreement.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 May 2020. The nominal expiry date of the Agreement is 6 May 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of the Fair Work Commission, the applicant, Common Equity Housing Limited, trading as Vic-Wide Community Housing, applied for the approval of the Common Equity Housing Limited Enterprise Agreement 2020. The respondent, Community and Public Sector Union, opposed the application on the basis that the agreement contained provisions that were contrary to public policy. The case was heard by Deputy President Kelly, who was required to determine whether the provisions of the agreement contravened any provisions of the Fair Work Act 2009.

The legal issues that the Deputy President was required to decide related to the provisions of the agreement that dealt with the termination of employment, the calculation of long service leave, and the imposition of a probationary period for new employees. The respondent argued that these provisions were contrary to public policy and therefore could not be approved by the Commission. The applicant, on the other hand, argued that the provisions were reasonable and necessary to ensure the efficient operation of the organisation.

The Deputy President found that the provisions of the agreement relating to the termination of employment and the imposition of a probationary period were contrary to public policy and could not be approved. However, the Deputy President found that the provisions relating to the calculation of long service leave were reasonable and did not contravene any provisions of the Fair Work Act. The Deputy President approved the agreement subject to the removal of the provisions relating to the termination of employment and the imposition of a probationary period.

The Deputy President ordered that the Common Equity Housing Limited Enterprise Agreement 2020 be approved subject to the removal of the provisions relating to the termination of employment and the imposition of a probationary period. The Deputy President also ordered that the agreement be published on the Fair Work Commission's website and that copies of the approved agreement be provided to the parties.

Common Equity Housing Limited T/A Vic-Wide Community Housing

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established