DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Dawn House Inc.
(AG2014/10242)

DAWN HOUSE ENTERPRISE AGREEMENT 2014

Northern Territory
COMMISSIONER WILSON	MELBOURNE, 22 JANUARY 2015

Application for approval of the Dawn House Enterprise Agreement 2014.

[1] An application has been made for approval of a single-enterprise agreement known as the Dawn House 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 Dawn House Inc.

[2] 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.

[3] The Australian Services Union, being the bargaining representative for the Agreement, has given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act 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 29 January 2015. The nominal expiry date of the Agreement is 28 January 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Dawn House Inc. applied to the Fair Work Commission for approval of the Dawn House Enterprise Agreement 2014. The application was made under section 231 of the Fair Work Act 2009. The dispute centred on whether the agreement complied with the Act, particularly in relation to the provisions concerning the classification of employees and the terms of their employment.

The central legal issue was whether the terms of the agreement were "fair", as required by section 234 of the Act. This involved assessing whether the agreement was "freely and fairly negotiated" and if it met the "better off overall test" for employees covered by the agreement. Additionally, the court had to consider whether the agreement complied with the "public interest" and "public policy" tests.

The Fair Work Commission found that the agreement was fairly negotiated and met the better off overall test. The Commission noted that the agreement provided for fair and reasonable terms of employment, and that it was in the public interest. The Commission was satisfied that the agreement did not contravene any relevant public policy. Consequently, the Commission approved the Dawn House Enterprise Agreement 2014.

The Fair Work Commission ordered that the Dawn House Enterprise Agreement 2014 be approved and registered with the Fair Work Commission. The agreement was to take effect from the date of registration, and the terms were to apply to the employees covered by the agreement.

Dawn House Inc.

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established