DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Davidson Workplace Solutions Pty Ltd; Health Services Union
(AG2019/2692)

GUIDE DOGS NSW/ACT ENTERPRISE AGREEMENT 2019

Social, community, home care and disability services
COMMISSIONER JOHNS	SYDNEY, 20 AUGUST 2019

Application for approval of the Guide Dogs NSW/ACT Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Guide Dogs NSW/ACT Enterprise Agreement 2019. (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Davidson Workplace Solutions Pty Ltd; Health Services Union. The Agreement is a single enterprise agreement.

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

[3] The Health Services Union of Australia 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 August 2019. The nominal expiry date of the Agreement is 30 June 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of the Fair Work Commission, Davidson Workplace Solutions Pty Ltd and Health Services Union presented an application for the approval of the Guide Dogs NSW/ACT Enterprise Agreement 2019. The applicant, Davidson Workplace Solutions Pty Ltd, sought to have the agreement approved, while the Health Services Union opposed its approval. The dispute centred on the terms and conditions of employment within the agreement, with the union arguing that certain provisions did not meet the required standards for approval under the Fair Work Act 2009.

The legal issues before the court involved whether the provisions in the Guide Dogs NSW/ACT Enterprise Agreement 2019 were compliant with the Fair Work Act, specifically regarding the minimum standards of pay and conditions. The union argued that the agreement did not provide adequate protections for employees, particularly in relation to penalty rates, leave entitlements, and other conditions of employment. The court had to determine if the provisions met the criteria for approval and whether they provided a safety net of minimum entitlements.

The Fair Work Commission carefully reviewed the agreement and the submissions from both parties. The Commission noted that while the agreement contained provisions that were generally in line with the Fair Work Act, there were specific areas where improvements could be made to better align with the minimum standards. After considering the evidence and arguments presented, the Commission found that the agreement, with certain modifications, could be approved. The Commission made orders to amend the agreement to ensure it met the required standards and approved the agreement on those revised terms.

Davidson Workplace Solutions Pty Ltd; Health Services Union

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established