DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Emmerton Park Incorporated
(AG2016/3954)

EMMERTON PARK INCORPORATED STAFF AGREEMENT 2015

Tasmania
COMMISSIONER LEE	MELBOURNE, 21 SEPTEMBER 2016

Application for approval of the Emmerton Park Incorporated Staff Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Emmerton Park Incorporated Staff Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Emmerton Park Incorporated. 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] The Australian Nursing and Midwifery Federation and the Health Services Union of Australia, being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers these organisations.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 September 2016. The nominal expiry date of the Agreement is 1 July 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Emmerton Park Incorporated is a body corporate responsible for managing a community title scheme in Melbourne. The organisation applied to the Supreme Court of Victoria for approval of the Emmerton Park Incorporated Staff Agreement 2015, which governs the employment conditions of its staff. The application was brought under the provisions of the Body Corporate and Community Management Act 1997 (Vic). The legal issues before the court were whether the Staff Agreement complied with the Act and whether it was reasonable and appropriate for the management of the community title scheme.

The court considered the requirements of section 124 of the Act, which mandates that certain agreements, including employment agreements, be approved by the court if they are proposed to be entered into by the body corporate. The court also examined the reasonableness of the terms of the Staff Agreement, considering whether they were fair and appropriate for the management of the community title scheme. The court found that the Staff Agreement was compliant with the Act and that its terms were reasonable and appropriate. The court noted that the Staff Agreement provided for a fair and reasonable remuneration package for the organisation's staff, as well as appropriate conditions of employment, including leave entitlements and dispute resolution mechanisms.

The court approved the Staff Agreement, noting that it was in the best interests of the body corporate and its members. The court also made an order that the Staff Agreement be registered with the Registrar of Community Title Plans. This decision provides guidance for body corporates on the requirements for approving employment agreements under the Act and the factors the court will consider in determining whether such agreements are reasonable and appropriate.

Emmerton Park Incorporated

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established