Early Links Inclusion Support Services Inc.

[2022] FWCA 2465

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Early Links Inclusion Support Services Inc.

(AG2022/2011)

Early Links Inclusion Support Service Inc. Employees Collective Agreement 2022

Social, community, home care and disability services
COMMISSIONER MATHESON	SYDNEY, 21 JULY 2022

Application for approval of the Early Links Inclusion Support Service Inc. Employees Collective Agreement 2022.

An application has been made for approval of an enterprise agreement known as the Early Links Inclusion Support Service Inc. Employees Collective Agreement 2022 (Agreement). The application was made by Early Links Inclusion Support Services Inc. (Applicant) pursuant to s.185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single enterprise agreement.

The Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A of this decision (Undertakings). The views of each person I know is a bargaining representative for the Agreement were sought in relation to the Undertakings and no objections were raised. 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.

Pursuant to s.190(3) of the Act, I accept the Undertakings.

Subject to the Undertakings, and on the basis of the materials before the Commission, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to the application for approval of the Agreement have been met.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 July 2022. The nominal expiry date of the Agreement is 21 July 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Early Links Inclusion Support Services Inc. applied to the Fair Work Commission for the approval of an enterprise agreement, the Early Links Inclusion Support Service Inc. Employees Collective Agreement 2022. The Commission was required to determine whether the Agreement met the requirements of the Fair Work Act 2009. This involved assessing whether the Agreement satisfied the necessary criteria for approval, including that it was fairly and genuinely negotiated, free from coercion and undue influence, and did not cause financial detriment to employees. The Commission also had to consider the Employer's written undertakings and ensure that their acceptance would not result in substantial changes to the Agreement.

The Commission concluded that the Agreement met all the relevant requirements under the Fair Work Act 2009. The views of bargaining representatives were sought in relation to the Employer's written undertakings, and no objections were raised. The Commission was satisfied that accepting the undertakings would not cause financial detriment to employees or result in substantial changes to the Agreement. Commissioner Matheson accepted the undertakings and approved the Agreement, subject to their terms. The Agreement will operate from 28 July 2022 and expire on 21 July 2026.

The Fair Work Commission approved the Early Links Inclusion Support Service Inc. Employees Collective Agreement 2022, subject to the Employer's written undertakings. The Agreement will operate from 28 July 2022 and expire on 21 July 2026. The Commission found that the Agreement met all the necessary requirements for approval under the Fair Work Act 2009, including that it was fairly and genuinely negotiated and free from coercion and undue influence. The acceptance of the Employer's written undertakings did not cause financial detriment to employees or result in substantial changes to the Agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established