DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Diverge Consulting
(AG2018/4576)

DIVERGE CONSULTING INC. AND PSYCHOLOGIST EMPLOYEES WORKPLACE AGREEMENT 2017 TO 2022

Health and welfare services
COMMISSIONER MCKINNON	SYDNEY, 18 DECEMBER 2018

Application for approval of the Diverge Consulting Inc. and Psychologist Employees Workplace Agreement 2017 to 2022.

[1] An application has been made for approval of an enterprise agreement known as the Diverge Consulting Inc. and Psychologist Employees Workplace Agreement 2017 to 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Diverge Consulting. The Agreement is a single enterprise agreement.

[2] Written undertakings have been given in accordance with s.190 of the Act. 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] Subject to the undertakings referred to above, 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.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 December 2018. The nominal expiry date of the Agreement is 17 December 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Fair Work Commission (FWC) considered an application for the approval of a workplace agreement between Diverge Consulting and the employees of the company. The application involved a proposed agreement between Diverge Consulting and its employees, who are registered psychologists. The primary concern was whether the agreement met the criteria for approval under the Fair Work Act 2009. The FWC was required to determine whether the agreement complied with the relevant provisions of the Act, including the requirement that it be in writing and meet the "better off overall test" (BOOT).

The FWC examined the agreement and assessed whether it provided terms and conditions that were at least as favourable as the applicable awards or other registered agreements. The FWC also evaluated whether the agreement met the "better off overall test" by considering factors such as the financial implications for employees, any non-financial benefits, and the impact on the overall employment relationship. Additionally, the FWC considered whether the agreement was negotiated in good faith and whether it contained provisions that were not contrary to public policy.

The FWC concluded that the proposed workplace agreement met the criteria for approval under the Fair Work Act. The FWC found that the agreement provided terms and conditions that were at least as favourable as the applicable awards or other registered agreements. The FWC also determined that the agreement satisfied the "better off overall test" by considering the financial and non-financial benefits for employees, as well as the overall impact on the employment relationship. Furthermore, the FWC was satisfied that the agreement was negotiated in good faith and did not contain provisions that were contrary to public policy.

The FWC approved the Diverge Consulting Inc. and Psychologist Employees Workplace Agreement 2017 to 2022, effective from the date of the decision. The FWC emphasised that the approval was subject to the agreement being registered with the Fair Work Commission Registrar and the ongoing compliance with the Fair Work Act and other relevant legislation.

Diverge Consulting

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established