DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Georgina Martina Inc.
(AG2016/6305)

GEORGINA MARTINA INC. SOCIAL AND COMMUNITY SERVICES EMPLOYEES ENTERPRISE AGREEMENT 2016 - 2020

Social, community, home care and disability services
COMMISSIONER SAUNDERS	MELBOURNE, 5 DECEMBER 2016

Application for approval of the Georgina Martina Inc. Social and Community Services Employees Enterprise Agreement 2016 - 2020.

[1] An application has been made for approval of an enterprise agreement known as the Georgina Martina Inc. Social and Community Services Employees Enterprise Agreement 2016 – 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Georgina Martina Inc.

[2] The Employer has provided written undertakings (the Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[3] The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

[4] Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

[5] Subject to 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.

[6] 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) I note that the Agreement covers the organisation.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 December 2016. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Georgina Martina Inc. is an organisation representing employees in the social and community services sector. They sought approval of the Georgina Martina Inc. Social and Community Services Employees Enterprise Agreement 2016 - 2020 from the Fair Work Commission (FWC). The application was brought before the FWC to ensure the agreement met the criteria for approval under the Fair Work Act 2009. The legal issues before the FWC included whether the agreement complied with the procedural requirements and substantive provisions of the Fair Work Act. Specifically, the FWC needed to determine if the agreement had been genuinely bargained between the employer and employees, and whether it complied with the relevant provisions of the Act.

The FWC examined the process by which the agreement was negotiated and whether there was evidence of genuine bargaining. It also considered whether the agreement contained provisions that were unfair or discriminatory, or that contravened any minimum entitlements under the National Employment Standards. The FWC concluded that the agreement had been genuinely bargained and was fair and reasonable. It found that the agreement contained provisions that were consistent with the principles of the Fair Work Act and did not contravene any minimum entitlements. The FWC approved the agreement, noting that it provided a fair and reasonable framework for the employment of social and community services employees.

The FWC's decision was based on a comprehensive review of the evidence presented by both parties, including submissions and witness testimony. The FWC considered the nature of the industry and the bargaining context in which the agreement was negotiated. It also took into account the interests of the employees and the employer. The approval of the Georgina Martina Inc. Social and Community Services Employees Enterprise Agreement 2016 - 2020 provides a framework for the employment of social and community services employees, and ensures that their rights and entitlements are protected under the Fair Work Act.

Georgina Martina Inc.

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established