EBL Disability Services Inc

[2021] FWCA 2585

[2021] FWCA 2585

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

EBL Disability Services Inc
(AG2021/4620)

EBL DISABILITY SERVICES INC ENTERPRISE AGREEMENT 2021

Social, community, home care and disability services
DEPUTY PRESIDENT MANSINI	MELBOURNE, 7 MAY 2021

Application for approval of the EBL Disability Services Inc Enterprise Agreement 2021.

[1] EBL Disability Services Inc has applied for approval of a single enterprise agreement known as the EBL Disability Services Inc Enterprise Agreement 2021 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act).

[2] EBL Disability Services Inc subsequently filed a complete version of the Agreement including all pages of the Agreement as it was made. In the circumstances, I am satisfied that the irregularity in the form and manner of the original application ought be waived and do so pursuant to s.586 of the Act.

[3] Also since the application was made, the Commission raised concerns about whether the pre-approval requirements were met and whether the Agreement passes the better off overall test. Further information and evidence was provided in relation to these concerns.

[4] Written undertakings were given in accordance with s.190 of the Act and are attached at Annexure A (Undertakings). 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. Pursuant to s.201(3) of the Act, the Undertakings are taken to be terms of the Agreement.

[5] As there were no bargaining representatives appointed to represent the employees to be covered by the Agreement the Commission took steps to ensure the relevant employees were served with, and has received evidence that, the employees were informed of: the application; the Commission’s concerns; the Applicant’s responses to those concerns; and were invited to express their views (including about the Undertakings) and none opposed.

[6] On the basis of the material contained in the application, further information provided on request of the Commission and 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.

[7] The Agreement was approved on 7 May 2021 and, in accordance with s.54, will operate from 14 May 2021. The nominal expiry date of the Agreement is 1 December 2024.

[8] For the purposes of publication, the signature page of the Agreement has been redacted in part, for confidentiality and as the enterprise agreement when made did not contain the redacted details. 1

DEPUTY PRESIDENT

Annexure A

 1   The Australian Workers’ Union v Oji Foodservice Packaging Solutions (Aus) Pty Ltd [2018] FWCFB 7501.

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