Good Samaritan Industries

[2016] FWCA 2231

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Good Samaritan Industries

(AG2016/239)

GOOD SAMARITAN INDUSTRIES SUPPORTED EMPLOYEES

ENTERPRISE AGREEMENT 2016

Social, community, home care and disability services

COMMISSIONER SAUNDERS

NEWCASTLE, 11 APRIL 2016

Application for approval of the Good Samaritan Industries Supported Employees Enterprise

Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the

Good Samaritan Industries Supported Employees 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 Good Samaritan Industries. 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair

Work Regulations 2009 is taken to be a term of the Agreement.
[2016] FWCA 2231

[7] The Disabled Workers 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.

[8] The Agreement is approved and, in accordance with s.54 of the Act, will operate from

18 April 2016. The nominal expiry date of the Agreement is 11 April 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

[2016] FWCA 2231

Annexure A

[2016] FWCA 2231

CaseChat Overview and Summary

Good Samaritan Industries sought approval for the Good Samaritan Industries Supported Employees Enterprise Agreement 2016 under section 185 of the Fair Work Act 2009. The application was made by Good Samaritan Industries, and the Agreement in question is a single enterprise agreement. The Fair Work Commission was tasked with determining whether the Agreement met the legal requirements for approval, including whether it was likely to cause financial detriment to employees or result in substantial changes to the Agreement.

The Commissioner examined the written undertakings provided by the Employer and determined that these undertakings would not likely cause financial detriment to employees or result in substantial changes to the Agreement. The Commissioner also sought the views of each bargaining representative for the Agreement in relation to the Undertakings. The Disabled Workers Union, a bargaining representative for the Agreement, had given notice under section 183 of the Act that it wanted the Agreement to cover it, and the Commissioner noted that the Agreement would cover the organisation.

The Commissioner accepted the Undertakings and determined that each of the requirements of sections 186, 187, 188, and 190 of the Act, as relevant to the application for approval, had been met. The model consultation term prescribed by the Fair Work Regulations 2009 was taken to be a term of the Agreement. The Agreement was approved and would operate from 18 April 2016, with a nominal expiry date of 11 April 2020.

In summary, the Fair Work Commission approved the Good Samaritan Industries Supported Employees Enterprise Agreement 2016, subject to the Employer's written undertakings. The Agreement met the legal requirements for approval and would cover the Disabled Workers Union, a bargaining representative for the Agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established