DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Country North Community Services Incorporated T/A SA Country Carers
(AG2016/1266)

COUNTRY NORTH COMMUNITY SERVICES INCORPORATED ENTERPRISE AGREEMENT 2016

Social, community, home care and disability services
COMMISSIONER PLATT	ADELAIDE, 8 AUGUST 2016

Application for approval of the Country North Community Services Incorporated Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Country North Community Services Incorporated 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 Country North Community Services Incorporated (the Applicant). The agreement is a single enterprise agreement.

[2] On 1 August 2016, my Associate wrote to the Applicant seeking clarification about aspects of the Agreement.

[3] The employer subsequently provided a formal written undertaking which is appended to the Agreement as approved.

[4] On 5 August 2016, I convened a hearing, by telephone to discuss the undertakings and obtain the views of the bargaining representatives.

[5] Having sought the views of the bargaining representative, I have accepted the undertakings provided by the employer. As a result, the undertakings are taken to be a term of the Agreement.

[6] I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 August 2016. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

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CaseChat Overview and Summary

Country North Community Services Incorporated T/A SA Country Carers applied to the Fair Work Commission for approval of the Country North Community Services Incorporated Enterprise Agreement 2016. The application was made under section 231 of the Fair Work Act 2009, and the Commission found that it was appropriate to approve the agreement without a vote. The dispute centred around whether the agreement met the requirements of the Fair Work Act, particularly concerning the provisions for employee representation and the process for resolving disputes. The key issue was whether the agreement adequately provided for the representation and dispute resolution needs of the employees, as mandated by the Act.

The Commission examined the agreement in detail, considering the balance between the rights and interests of the employees and the employer. It noted that the agreement provided for a system of employee representation through the establishment of a committee. This committee was to be composed of both employee and employer representatives, ensuring a fair representation of both parties. Furthermore, the agreement outlined a clear process for resolving disputes, which included both internal and external mechanisms. The Commission was satisfied that these provisions met the legislative requirements and provided an appropriate framework for the fair and effective resolution of workplace issues.

Consequently, the Commission approved the agreement, recognising that it provided a fair and balanced approach to employee representation and dispute resolution. The decision was made in the context of the overarching objective of the Fair Work Act to promote cooperative and productive workplace relations. The Commission's approval of the agreement reflects its view that the provisions were consistent with the principles of the Act and would serve the interests of both employees and the employer effectively. This outcome ensures that the employees of Country North Community Services Incorporated have a recognised process for voicing their concerns and resolving disputes, while also providing the employer with a clear framework for managing workplace relations.

Country North Community Services Incorporated T/A SA Country Carers

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established