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.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of the EBL Disability Services Inc Enterprise Agreement 2021. The parties to the dispute were EBL Disability Services Inc, represented by their employer's association, and the relevant union representing the employees. The dispute centred around the proposed terms and conditions of employment as outlined in the enterprise agreement, which the union sought to challenge on several grounds.

The key legal issues the court needed to address were whether the agreement complied with the statutory requirements under the Fair Work Act 2009, including provisions related to minimum wages, penalty rates, and other employment conditions. Additionally, the court had to consider whether the agreement was made in good faith and if it provided for fair and reasonable terms for the employees.

The Fair Work Commission examined the provisions of the agreement against the legislative framework and found that the proposed agreement met the statutory requirements. The Commission concluded that the agreement was fair and reasonable, taking into account the nature of the work, the industry standards, and the bargaining positions of the parties. The court also noted that the agreement was made in good faith, as evidenced by the extensive negotiations and the inclusion of various employee protections.

The Fair Work Commission approved the EBL Disability Services Inc Enterprise Agreement 2021, confirming its validity and enforceability under the Fair Work Act. This decision ensures that the terms and conditions set out in the agreement will apply to the relevant employees, providing them with a clear framework for their employment relationship with the employer.

EBL Disability Services Inc

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established