DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Community Housing Canberra Limited
(AG2017/4922)

CHC ENTERPRISE AGREEMENT 2017-2021

Australian Capital Territory
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 5 JANUARY 2018

Application for approval of the CHC Enterprise Agreement 2017-2021.

[1] An application has been made for approval of an enterprise agreement known as the CHC Enterprise Agreement 2017-2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Community Housing Canberra 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] The Agreement was approved on 5 January 2018 and, in accordance with s.54, will operate from 12 January 2018. In accordance with s.186(5)(b), the nominal expiry date of the Agreement is 5 January 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

In this case, Community Housing Canberra Limited applied for the approval of the CHC Enterprise Agreement 2017-2021. The Fair Work Commission was tasked with determining whether the agreement met the necessary criteria under the Fair Work Act 2009. The application was made by Community Housing Canberra Limited, a company that provides community housing services, and the agreement in question was negotiated with its employees represented by the Community and Public Sector Union. The core issue before the Commission was whether the proposed enterprise agreement sufficiently covered the necessary minimum terms and conditions of employment as mandated by the Fair Work Act.

The Fair Work Commission examined the agreement to ensure it contained all the required minimum terms and conditions, including those relating to wages, hours of work, leave, and other employment-related matters. The Commission also assessed whether the agreement provided for a fair and efficient system of dispute resolution. The primary concern was whether the agreement complied with the statutory requirements and whether it was likely to promote harmonious, productive, and cooperative workplace relations. Additionally, the Commission considered whether the agreement provided for appropriate mechanisms to ensure compliance and facilitate its effective implementation.

After reviewing the agreement, the Fair Work Commission found that it met all the statutory requirements and was likely to promote harmonious, productive, and cooperative workplace relations. The Commission approved the agreement, noting that it contained all the necessary minimum terms and conditions and provided for an efficient system of dispute resolution. The Commission also found that the agreement was likely to facilitate its effective implementation and compliance. The decision was made based on the comprehensive nature of the agreement and its alignment with the statutory obligations under the Fair Work Act.

The Fair Work Commission approved the CHC Enterprise Agreement 2017-2021, effective from the date of the decision. The agreement was found to adequately cover the minimum terms and conditions required by law and was deemed likely to promote harmonious, productive, and cooperative workplace relations. The approval ensures that the agreement is legally binding and enforceable, providing a clear framework for the employment relationship between Community Housing Canberra Limited and its employees.

Community Housing Canberra Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established