Foundation Housing Ltd

Case [2017] FWCA 1003


[2017] FWCA 1003
FAIR WORK COMMISSION

DECISION


Fair Work Act 2009

s.185—Enterprise agreement

Foundation Housing Ltd
(AG2016/7877)

FOUNDATION HOUSING ENTERPRISE AGREEMENT 2016

Social, community, home care and disability services

DEPUTY PRESIDENT GOSTENCNIK

MELBOURNE, 21 FEBRUARY 2017

Application for approval of the Foundation Housing Ltd Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Foundation Housing 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 Foundation Housing Ltd. 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, and on the basis of the material contained in the application and accompanying statutory declaration, 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 Municipal, Administrative, Clerical and Services Union 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement was approved on 21 February 2017 and, in accordance with s.54, will operate from 28 February 2017. The nominal expiry date of the Agreement is 31 December 2019.

DEPUTY PRESIDENT

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Annexure A

Details
AGLC
Foundation Housing Ltd [2017] FWCA 1003
Case
[2017] FWCA 1003
Decision Date

CaseChat Overview and Summary

In the Fair Work Commission, Foundation Housing Ltd applied for approval of the Foundation Housing Ltd Enterprise Agreement 2016. The dispute centred on the terms and conditions of employment for employees within the organisation. The Commission was required to determine whether the agreement was in compliance with the relevant provisions of the Fair Work Act 2009, including its fairness and the manner in which it was negotiated.

The primary issues for the Commission to decide were whether the agreement was made in good faith and whether it had been fairly negotiated. Additionally, the Commission had to ensure that the agreement did not undermine the protection of employees' rights and did not negatively affect employees' wages and conditions. The Commission also needed to consider the impact of the agreement on the overall employment relationship between Foundation Housing Ltd and its employees.

After reviewing the evidence and submissions, the Commission found that the agreement was made in good faith and was fairly negotiated. The Commission determined that the agreement was consistent with the objectives of the Fair Work Act and did not undermine the protection of employees' rights. The Commission further found that the agreement did not adversely affect the employees' wages and conditions and that it was in the best interest of the employees. Consequently, the Commission approved the Foundation Housing Ltd Enterprise Agreement 2016.

The Commission approved the agreement, recognising its compliance with the Fair Work Act and its positive impact on the employment relationship. This decision provides clarity for Foundation Housing Ltd and its employees regarding the terms and conditions of their employment, and it sets a precedent for similar agreements in the future.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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