DECISION

Fair Work Act 2009
s.185—Enterprise agreement

ECH Incorporated T/A ECH
(AG2016/5085)

ECH INCORPORATED SUPPORT STAFF ENTERPRISE AGREEMENT 2016

Aged care industry
COMMISSIONER GREGORY	MELBOURNE, 27 SEPTEMBER 2016

Application for approval of the ECH Incorporated Support Staff Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the ECH Incorporated Support Staff 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 ECH Incorporated T/A ECH. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. 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.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Australian Services Union and United Voice being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 October 2016. The nominal expiry date of the Agreement is 3 October 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In this matter, ECH Incorporated, trading as ECH, applied to the Fair Work Commission for approval of the ECH Incorporated Support Staff Enterprise Agreement 2016. The application pertains to the terms and conditions of employment for support staff within the organisation. The dispute arose from the need for the agreement to comply with the Fair Work Act 2009 and other relevant legislative instruments. The Commission was tasked with assessing whether the agreement met the necessary legal standards, including procedural fairness and the avoidance of undue hardship on the employer.

The primary legal issues before the Commission involved determining whether the agreement was genuinely negotiated, whether it complied with the statutory requirements, and if it avoided causing undue hardship to the employer. The Commission had to ensure that the agreement was not only procedurally sound but also substantively fair, considering the rights and interests of both the employees and the employer. Furthermore, the Commission needed to verify that the agreement did not impose unreasonable financial burdens on the employer that would significantly impact its operations.

In its decision, the Commission carefully examined the negotiation process and the terms of the agreement. The Commission concluded that the agreement was genuinely negotiated and that it complied with the statutory requirements of the Fair Work Act 2009. It was found that the agreement did not cause undue hardship to the employer and was fair and reasonable in all respects. The Commission approved the ECH Incorporated Support Staff Enterprise Agreement 2016, confirming its compliance with the necessary legal standards and its suitability for implementation.

The final orders of the Commission included the approval of the ECH Incorporated Support Staff Enterprise Agreement 2016, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission, and all parties were directed to comply with its terms. The Commission's approval marked the resolution of the dispute, ensuring that the agreement could be implemented without further legal impediments.

ECH Incorporated T/A ECH

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established