DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Gold Coast Community Lifestyles Ltd T/A Gold Coast Community Lifestyles
(AG2020/3103)

GOLD COAST COMMUNITY LIFESTYLES LTD ENTERPRISE AGREEMENT 2020

Social, community, home care and disability services
COMMISSIONER HUNT	BRISBANE, 6 NOVEMBER 2020

Application for approval of the Gold Coast Community Lifestyles Ltd Enterprise Agreement 2020.

[1] Gold Coast Community Lifestyles Ltd T/A Gold Coast Community Lifestyles (the Employer) has applied for approval of an enterprise agreement known as the Gold Coast Community Lifestyles Ltd Enterprise Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] I have taken into consideration the material filed in the Commission. 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.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 November 2020. The nominal expiry date of the Agreement is three years following the operation date of the Agreement, in accordance with clause 2 of the Agreement.

COMMISSIONER

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CaseChat Overview and Summary

Gold Coast Community Lifestyles Limited, trading as Gold Coast Community Lifestyles, applied to the Fair Work Commission for the approval of their Enterprise Agreement 2020. The application involved the terms and conditions of employment for employees working within the organisation. The Commission was tasked with determining whether the proposed agreement met the necessary legal standards for approval under the Fair Work Act 2009.

The primary legal issues before the Commission were whether the agreement contained the mandated minimum entitlements, and if it was made in good faith. The Commission needed to ensure that the agreement was not contrary to the spirit of the Act, which promotes fair and equitable workplace relations. It also had to consider whether the agreement was genuinely negotiated and not coerced, as well as if it adhered to the statutory requirement that employees be given the opportunity to be represented in the negotiation process.

The Commission found that the agreement met all the necessary criteria for approval. It contained the mandated minimum entitlements as per the Fair Work Act, and there was evidence that the agreement was made in good faith, with genuine negotiation taking place. The Commission was satisfied that the agreement was not contrary to the spirit of the Act and that employees had been given the opportunity to be represented in the negotiation process. Based on these findings, the Commission approved the Gold Coast Community Lifestyles Ltd Enterprise Agreement 2020.

Gold Coast Community Lifestyles Ltd T/A Gold Coast Community Lifestyles

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established