DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Council of Social Service of NSW t/a NSW Council of Social Service
(AG2016/3695)

NCOSS ENTERPRISE AGREEMENT 2016

Social, community, home care and disability services
COMMISSIONER SAUNDERS	NEWCASTLE, 16 AUGUST 2016

Application for approval of the NCOSS Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the NCOSS Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Council of Social Service of NSW t/a NSW Council of Social Service.The Agreement is a single enterprise agreement.

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

[6] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[7] The Australian Municipal, Administrative, Clerical and Services Union 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.
[8] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 August 2016. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case before the Fair Work Commission involved the Council of Social Service of NSW trading as the NSW Council of Social Service and the relevant trade union. The central dispute was the application for approval of the NCOSS Enterprise Agreement 2016, which sought to establish the terms and conditions of employment for the employees of the NSW Council of Social Service. The application was lodged under the Fair Work Act 2009, with the Fair Work Commission having jurisdiction to approve the agreement if it met the legislative requirements.

The primary legal issues before the Commission were whether the agreement provided for the employees' pay and conditions in a fair and reasonable manner, and whether the agreement complied with all relevant provisions of the Fair Work Act and the Fair Work Regulations. Specifically, the Commission needed to consider whether the agreement met the "better off overall test," ensuring that employees were not worse off than they would be under the applicable award or safety net. Additionally, the Commission assessed whether the agreement appropriately balanced the interests of both the employer and the employees, including provisions for minimum wages, penalty rates, leave entitlements, and other conditions of employment.

The Fair Work Commission found that the NCOSS Enterprise Agreement 2016 was fair and reasonable for the employees, meeting the better off overall test. The Commission acknowledged that the agreement provided for fair remuneration and conditions of employment, and that it appropriately balanced the interests of both parties. The Commission was satisfied that the agreement complied with all relevant legislative requirements and that it appropriately addressed the terms and conditions of employment for the employees of the NSW Council of Social Service.

The Fair Work Commission approved the NCOSS Enterprise Agreement 2016, effective from the date of the decision. The approval was subject to the terms and conditions set out in the agreement, which would now govern the employment relationship between the NSW Council of Social Service and its employees.

Council of Social Service of NSW t/a NSW Council of Social Service

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established