DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Disability Living Incorporated
(AG2016/4950)

DISABILITY LIVING INCORPORATED ENTERPRISE AGREEMENT 2016

Social, community, home care and disability services
COMMISSIONER SAUNDERS	NEWCASTLE, 2 NOVEMBER 2016

Application for approval of the Disability Living Incorporated Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Disability Living 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 Disability Living Incorporated.The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings (the Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[3] The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

[4] Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

[5] Subject to the Undertakings, 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.

[6] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 November 2016. The nominal expiry date of the Agreement is 8 November 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Disability Living Incorporated was a party to an enterprise agreement that was due to expire. The applicant, Disability Living Incorporated, sought approval of the new Disability Living Incorporated Enterprise Agreement 2016. The dispute was heard by the Fair Work Commission. The legal issues before the Commission involved whether the proposed agreement was in the public interest and whether it complied with the relevant industrial legislation. The applicant argued that the new agreement was necessary to ensure the financial sustainability of the organisation and to provide fair and reasonable terms for its employees.

The Commission considered various factors, including the need for the agreement to support the organisation's mission and objectives, the financial viability of the organisation, and whether the agreement provided for fair and reasonable terms and conditions for employees. The Commission also examined whether the agreement complied with the relevant provisions of the Fair Work Act 2009. After reviewing the evidence and submissions from both parties, the Commission determined that the proposed agreement was in the public interest and complied with the relevant industrial legislation. The Commission approved the Disability Living Incorporated Enterprise Agreement 2016, finding that it met the necessary criteria.

In reaching its decision, the Commission emphasised the importance of ensuring the financial sustainability of the organisation while also providing fair and reasonable terms for employees. The Commission also noted that the agreement contained provisions that aligned with the organisation's mission and objectives, and that it provided for appropriate mechanisms to address any future disputes or changes in circumstances. The Commission's approval of the agreement ensures that Disability Living Incorporated can continue to operate effectively and provide essential services to its clients.

Disability Living Incorporated

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established