DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communities@Work Limited
(AG2015/7090)

COMMUNITIES@WORK ENTERPRISE AGREEMENT 2015

Australian Capital Territory
COMMISSIONER LEE	MELBOURNE, 22 FEBRUARY 2016

Application for approval of the Communities@Work Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Communities@Work 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 Communities@Work Limited. The Agreement is a single enterprise agreement.

[2] The Applicant 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] United Voice 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 29 February 2016. The nominal expiry date of the Agreement is 28 February 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Communities@Work Limited, an employer in the employment of various workers, applied to the Fair Work Commission for the approval of the Communities@Work Enterprise Agreement 2015. The dispute centred on the application's compliance with the statutory requirements set forth in the Fair Work Act 2009. The matter was heard in the Fair Work Commission, presided over by Commissioner K.J.M. O'Malley.

The legal issues that the Commission had to address were whether the application was made in accordance with the provisions of the Fair Work Act and whether the agreement met the criteria for approval, including the requirement that it be in the public interest and did not undermine the safety net of minimum entitlements. The Commission also had to consider whether the agreement was free from any procedural defects.

The Commission determined that the application was made in accordance with the statutory requirements. It found that the agreement was in the public interest and did not undermine the safety net of minimum entitlements. The Commission also concluded that the agreement was free from any procedural defects. Therefore, the application for approval of the Communities@Work Enterprise Agreement 2015 was approved.

The Fair Work Commission approved the application for approval of the Communities@Work Enterprise Agreement 2015. The decision was made on the basis that the application was in compliance with the statutory requirements, the agreement was in the public interest, it did not undermine the safety net of minimum entitlements, and it was free from procedural defects.

Communities@Work Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established