DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Gladstone Community Linking Agency Inc. T/A Gladstone Community Linking Agency
(AG2017/54)

GLADSTONE COMMUNITY LINKING AGENCY INC. ENTERPRISE AGREEMENT 2016

Social, community, home care and disability services
COMMISSIONER SAUNDERS	MELBOURNE, 25 JANUARY 2017

Application for approval of the Gladstone Community Linking Agency Inc. Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Gladstone Community Linking Agency Inc. 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 Gladstone Community Linking Agency Inc. T/As Gladstone Community Linking Agency. The Agreement is a single enterprise agreement.

[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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 February 2017. The nominal expiry date of the Agreement is 24 January 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, the Gladstone Community Linking Agency Inc. brought an application for the approval of the Gladstone Community Linking Agency Inc. Enterprise Agreement 2016. The agreement was negotiated between the Agency and its employees represented by the Queensland Nurses' Union. The dispute centred around the terms and conditions of employment for the employees of the Agency. The Fair Work Commission was tasked with determining whether the agreement met the necessary requirements under the Fair Work Act 2009, including compliance with the "better off overall test" and ensuring the agreement did not undermine the safety net of minimum entitlements.

The primary legal issues before the Commission were whether the proposed agreement provided employees with a safety net of no worse than the applicable award or registered agreement, and whether the agreement was procedurally sound. The Commission needed to examine the fairness and reasonableness of the agreement's terms, particularly in light of any potential detriment to employees compared to the safety net provided by the applicable award. Additionally, the Commission had to consider whether the negotiation process was conducted in good faith and whether the agreement was made without coercion.

The Fair Work Commission found that the agreement was fair and reasonable, meeting the better-off-overall test. The Commission acknowledged the improvements in pay and conditions that the agreement provided to the employees, which were considered to be of benefit to the employees overall. The Commission also noted that the negotiation process was conducted in good faith and without coercion. The agreement was therefore deemed to be compliant with the Fair Work Act 2009 and was approved. The Commission's decision ensured that the employees would benefit from the enhanced terms and conditions while still being protected by the safety net of minimum entitlements.

Gladstone Community Linking Agency Inc. T/A Gladstone Community Linking Agency

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established