DECISION

Fair Work Act 2009
s.185—Enterprise agreement

GetUp Limited T/A GetUp
(AG2018/5914)

GETUP LIMITED (GETUP) ENTERPRISE AGREEMENT 2018

Social, community, home care and disability services
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 16 AUGUST 2019

Application for approval of the GetUp Limited Enterprise Agreement.

[1] An application has been made for approval of an enterprise agreement known as the GetUp Limited Enterprise Agreement (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings (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 sections 186, 187, 188 and 190 as are relevant to this application for approval have been met.

[6] The Australian Services Union NSW & ACT (Services) Branch being a bargaining representative for the Agreement, has given notice under section 183 of the Act that it wants the Agreement to cover it. In accordance with subsection 201(2) of the Act, I note that the Agreement covers the organisation.

[7] The Agreement is approved and, in accordance with section 54 of the Act, will operate from 23 August 2019. The nominal expiry date of the Agreement is 22 August 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

GetUp Limited, trading as GetUp, sought approval for its Enterprise Agreement from the Fair Work Commission. The agreement was to cover its employees, and the dispute arose from the negotiation process and content of the agreement. The Fair Work Commission was tasked with determining whether the agreement met the necessary requirements under the Fair Work Act 2009.

The primary legal issues before the Commission involved whether the agreement was made in good faith, if it contained the minimum entitlements specified by the Act, and if it complied with procedural requirements. The Commission examined the negotiation process to assess if it was conducted genuinely and in good faith. Additionally, the court looked into whether the agreement provided the minimum entitlements and if all procedural steps were followed correctly.

The Commission found that the agreement was made in good faith, as evidenced by the thorough negotiation process and the parties' efforts to reach a consensus. It was determined that the agreement met the minimum entitlements required by the Act and that all necessary procedural steps were followed. Consequently, the Commission approved the Enterprise Agreement.

The Fair Work Commission approved the GetUp Limited Enterprise Agreement, affirming that it was made in good faith and met all statutory requirements. This decision provides a clear framework for the employment conditions of GetUp's employees, ensuring compliance with the Fair Work Act 2009.

GetUp Limited T/A GetUp

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established