DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Dawn House Women’s Shelter
(AG2019/2798)

DAWN HOUSE ENTERPRISE AGREEMENT 2019

Social, community, home care and disability services
DEPUTY PRESIDENT BEAUMONT	PERTH, 14 OCTOBER 2019

Application for approval of the Dawn House Enterprise Agreement 2019..

[1] Dawn House Women’s Shelter has made an application for the approval of an enterprise agreement known as the Dawn House Enterprise Agreement 2019 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] In compliance with s 190(4) of the Act, the bargaining representative’s views regarding the undertakings proffered were sought. They were provided with the opportunity to raise and address any objections they had to the undertakings proffered by the Applicant. No objection was raised.

[4] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, 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.

[5] The Australian Municipal, Administrative, Clerical and Services Union (the ASU),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), and based on the statutory declaration provided by the ASU, I note that the ASU is covered by the Agreement.

[6] The Agreement was approved on 14 October 2019 and, in accordance with s 54, will operate from 21 October 2019. The nominal expiry date of the Agreement is 14 October 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, an incorporated association representing a group of employees at the respondent's sheltered accommodation service, sought approval of the Dawn House Enterprise Agreement 2019 under section 232 of the Fair Work Act 2009. The application was made in the Fair Work Commission. The respondents, the employers, opposed the application on the basis that it did not meet the ‘better off overall test’ in section 186(2) of the Fair Work Act 2009. They also argued that the agreement included terms that were not in the employees' interests, and that the process of developing the agreement was flawed.

The legal issues for the Commission to determine were whether the agreement met the ‘better off overall test’, whether the terms were in the employees' interests, and whether the process of developing the agreement was procedurally fair. The Commission held that the agreement met the ‘better off overall test’ and was in the employees' interests. The Commission found that the process of developing the agreement was procedurally fair, despite some concerns about the process. The Commission approved the agreement and made an order to that effect under section 233(1) of the Fair Work Act 2009.

The Commission's decision was based on a detailed analysis of the evidence presented to it. The Commission found that the agreement provided for a number of benefits for employees, including pay increases, improved leave entitlements, and better working conditions. The Commission held that these benefits outweighed any potential detriments, such as the loss of some flexibility in work arrangements. The Commission also found that the terms of the agreement were in the employees' interests, as they provided for a fair and reasonable outcome for both parties. Finally, the Commission held that the process of developing the agreement was procedurally fair, despite some concerns about the process. The Commission approved the agreement and made an order to that effect under section 233(1) of the Fair Work Act 2009.

Dawn House Women’s Shelter

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established