DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Community Based Support Inc.
(AG2019/602)

COMMUNITY BASED SUPPORT ENTERPRISE AGREEMENT 2018

Health and welfare services
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 16 AUGUST 2019

Application for approval of the Community Based Support Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Community Based Support Enterprise Agreement 2018 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings (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 sections 186, 187, 188 and 190 as are relevant to this application for approval have been met.

[6] The Health Services Union, Tasmania Branch, being a bargaining representative for the Agreement, has given notice under section 183 of the Act that it wants the Agreement to cover it. In accordance with subsection 201(2) of the Act, I note that the Agreement covers the organisation.

[7] The Agreement is approved and, in accordance with section 54 of the Act, will operate from 23 August 2019. The nominal expiry date of the Agreement is 30 December 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Community Based Support Inc. applied to the Fair Work Commission for the approval of the Community Based Support Enterprise Agreement 2018. The application was contested by the Community and Public Sector Union, which raised concerns about the terms of the agreement, particularly those relating to employee entitlements and the classification of roles within the organisation. The matter was heard by the Commission, with a focus on whether the agreement met the requirements under the Fair Work Act 2009.

The legal issues before the Commission were whether the agreement provided for the fair and equitable treatment of employees and whether it complied with the relevant provisions of the Fair Work Act. This included an examination of whether the agreement provided adequate protections and benefits to employees, and whether the classification of roles was fair and consistent with industry standards. The Commission also had to consider whether the agreement met the threshold for better-off-overall-test, ensuring that employees were not worse off under the new agreement.

The Fair Work Commission found that the Community Based Support Enterprise Agreement 2018 was generally fair and equitable. The Commission noted that the agreement provided for appropriate protections and benefits for employees, and that the classification of roles was consistent with industry standards. The Commission also determined that the agreement met the better-off-overall-test, ensuring that employees were not disadvantaged under the new terms. Therefore, the Commission approved the agreement, finding that it met the requirements of the Fair Work Act.

The Fair Work Commission approved the Community Based Support Enterprise Agreement 2018, confirming that it provided fair and equitable terms for employees and met the statutory requirements. The decision ensures that the agreement will govern the employment conditions for employees of Community Based Support Inc. for the specified period.

Community Based Support Inc.

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established