DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Good Shepherd Australia and New Zealand
(AG2017/1430)

GOOD SHEPHERD AUSTRALIA NEW ZEALAND COLLECTIVE AGREEMENT 2016

Social, community, home care and disability services
COMMISSIONER SAUNDERS	MELBOURNE, 19 JUNE 2017

Application for approval of the Good Shepherd Australia New Zealand Collective Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Good Shepherd Australia New Zealand Collective 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 Bruce Campbell on behalf of Good Shepherd Australia and New Zealand. 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 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 3 July 2017. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The parties involved in this case were Good Shepherd Australia and New Zealand and the Fair Work Commission. The dispute centred on the approval of the Good Shepherd Australia New Zealand Collective Agreement 2016. The Fair Work Commission was tasked with determining whether the agreement should be approved and whether it complied with the relevant legislative provisions. This decision was pivotal as it affected the terms and conditions of employment for the employees covered by the agreement.

The primary legal issues the court had to address were whether the agreement was made in the course of genuine enterprise bargaining, whether it contained the mandatory minimum terms and conditions required by law, and whether it complied with the procedural requirements set out in the Fair Work Act 2009. Additionally, the court examined whether the agreement provided appropriate protections for employees and whether it aligned with the objectives of the Act, which include promoting higher wages and better working conditions.

The court found that the Good Shepherd Australia and New Zealand Collective Agreement 2016 met all the necessary criteria. It concluded that the agreement was genuinely made through enterprise bargaining and contained the mandatory minimum terms and conditions. The court also determined that the agreement complied with all procedural requirements and provided adequate protections for employees. As a result, the court approved the agreement, recognising its alignment with the legislative objectives of promoting fair and improved wages and working conditions.

The final orders included the approval of the Good Shepherd Australia and New Zealand Collective Agreement 2016, with the conditions that it would be registered and enforceable under the Fair Work Act 2009. The decision was significant as it provided clarity and certainty for the employees and employers involved, ensuring that the agreement would be implemented as intended.

Good Shepherd Australia and New Zealand

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established