Cooinda Terang Inc Summary

[2021] FWCA 6973

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Cooinda Terang Inc
(AG2021/8313)

COOINDA TERANG INC DISABILITY SUPPORT WORKERS AGREEMENT 2021

Social, community, home care and disability services
DEPUTY PRESIDENT MASSON	MELBOURNE, 3 DECEMBER 2021

Application for approval of the Cooinda Terang Inc Disability Support Workers Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the Cooinda Terang Inc Disability Support Workers Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Cooinda Terang Inc. 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. The undertakings are taken to be a term of 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 Health Services Union and the Australian Education Union, being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 December 2021. The nominal expiry date of the Agreement is 31 December 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Cooinda Terang Inc applied to the Fair Work Commission for approval of the Cooinda Terang Inc Disability Support Workers Agreement 2021. The agreement was intended to cover disability support workers employed by Cooinda Terang Inc. The legal issues before the Commission were whether the agreement provided for the proper operation of a model enterprise agreement, and if it met the requirements of section 231 of the Fair Work Act 2009. Specifically, the Commission needed to determine whether the agreement included provisions for the proper operation of the enterprise, and whether it complied with the procedural fairness requirements outlined in the Act.

The Commission examined the provisions of the agreement to ensure they met the criteria set out in the Act. It considered whether the agreement provided for the proper operation of the enterprise, including provisions for the fair and equitable treatment of employees, and whether it complied with the procedural fairness requirements. The Commission also considered submissions from the parties and relevant authorities. After reviewing the agreement and the submissions, the Commission found that the agreement provided for the proper operation of the enterprise and met the requirements of section 231 of the Act.

As a result, the Commission approved the Cooinda Terang Inc Disability Support Workers Agreement 2021, effective from 1 January 2021. The approval means that the agreement will apply to all disability support workers employed by Cooinda Terang Inc, and will remain in effect until it is replaced or terminated in accordance with the Act. The decision provides clarity and certainty for both the employer and employees, and ensures that the agreement meets the legal requirements for approval.

Cooinda Terang Inc

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established