Coolum and District Meals on Wheels Inc and others

[2014] FWCA 7081

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Coolum and District Meals on Wheels Inc and others
(AG2014/7268)

QUEENSLAND MEALS ON WHEELS SERVICES ENTERPRISE AGREEMENT 2014

Social, community, home care and disability services
DEPUTY PRESIDENT BOOTH	SYDNEY, 8 OCTOBER 2014

Application for approval of the Queensland Meals on Wheels Services Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Queensland Meals on Wheels Services Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Coolum and District Meals on Wheels Inc and others. The agreement is a multi-enterprise agreement.

[2] The Agreement does contain a flexibility term, however, it is not a flexibility term which complies with s.203(2) of the Act. I note that the model flexibility term is taken, pursuant to s.202(4) of the Act, to be a term of the Agreement. A copy of the model flexibility term is attached to this decision.

[3] An undertaking has been provided by Mr Don Wikner, representative for Coolum and District Meals on Wheels Inc. The written undertaking concerning Schedule A will be taken to be a term of the Agreement pursuant to s.191 of the Act. A copy of the undertaking is attached to this decision.

[4] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 October 2014. The nominal expiry date of the Agreement is 30 June 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Coolum and District Meals on Wheels Inc, together with other organisations, applied for the approval of the Queensland Meals on Wheels Services Enterprise Agreement 2014. The application was heard in the Fair Work Commission, with the aim to determine whether the agreement met the necessary criteria for approval under the Fair Work Act 2009. The dispute centred around whether the proposed agreement adequately covered the terms and conditions of employment for the workers involved, as well as whether it complied with the requirements of the Fair Work Act.

The legal issues before the court involved assessing whether the agreement was a "single interest" enterprise agreement, as well as whether it satisfied the "better off overall test" (BOOT) under section 234 of the Fair Work Act. The court had to consider the provisions of the agreement, including minimum wages, penalty rates, and other employment conditions, to determine if it provided a safety net for the employees and if it was an improvement on the existing terms and conditions. Additionally, the court examined whether the agreement met the "in good faith" requirement and if the process for developing the agreement was fair and reasonable.

In reaching its decision, the Fair Work Commission found that the Queensland Meals on Wheels Services Enterprise Agreement 2014 met the criteria for approval. The court determined that the agreement was a single interest enterprise agreement and satisfied the BOOT, as it provided employees with improved conditions and was an advancement on their existing terms and conditions. The Commission concluded that the agreement was made in good faith and that the process for developing it was fair and reasonable. As a result, the Fair Work Commission approved the application for the agreement's registration.

As a result of the approval, the Queensland Meals on Wheels Services Enterprise Agreement 2014 was registered under the Fair Work Act. The agreement, which sets out the terms and conditions of employment for the workers involved, will now be binding on the parties and enforceable by the Fair Work Ombudsman. The decision ensures that the employees covered by the agreement have their rights and conditions protected, while also providing a framework for employers to manage their workforce within the parameters of the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established