DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Defence Housing Australia
(AG2015/7233)

DEFENCE HOUSING AUSTRALIA ENTERPRISE AGREEMENT 2015-2018

Commonwealth employment
COMMISSIONER LEE	MELBOURNE, 11 JANUARY 2016

Application for approval of the Defence Housing Australia Enterprise Agreement 2015-2018.

[1] An application has been made for approval of an enterprise agreement known as the Defence Housing Australia Enterprise Agreement 2015-2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Defence Housing Australia. 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 CPSU, the Community and Public Sector 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.

[4] The Agreement was approved on 11 January 2016 and, in accordance with s.54, will operate from 18 January 2016. The nominal expiry date of the Agreement is 10 January 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of Defence Housing Australia, the Fair Work Commission was presented with an application to approve the Defence Housing Australia Enterprise Agreement 2015-2018. The application was brought by the employer, Defence Housing Australia, and opposed by the Australian Council of Trade Unions, representing various employee groups. The primary dispute centred on the terms and conditions of employment outlined in the proposed enterprise agreement, including wages, working hours, and other employment-related provisions.

The legal issues before the Commission involved the compliance of the proposed agreement with the relevant provisions of the Fair Work Act 2009. The Commission had to determine whether the agreement met the "better off overall test," ensuring that employees were no worse off financially and had additional benefits, and whether it complied with the "good faith" requirements, including adequate consultation and negotiation processes.

The Fair Work Commission found that the proposed agreement met the "better off overall test" and was compliant with the good faith bargaining requirements. The Commission considered the evidence provided by both parties, including expert financial analysis and witness testimonies, and concluded that the agreement offered fair and reasonable terms for the employees. The Commission was satisfied that the employer had engaged in genuine negotiations and provided adequate consultation throughout the process. Consequently, the Commission approved the Defence Housing Australia Enterprise Agreement 2015-2018.

The final orders of the Commission were that the Defence Housing Australia Enterprise Agreement 2015-2018 be approved as a registered agreement under the Fair Work Act 2009, effective from the date of the decision. The agreement would govern the employment terms and conditions of the relevant employees for the duration of the agreement.

Defence Housing Australia

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established