Good Shepherd Microfinance

[2017] FWCA 5626

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Good Shepherd Microfinance

(AG2017/3410)

Good Shepherd Microfinance Agreement 2017

Social, community, home care and disability services
Commissioner Saunders	NEWCASTLE, 27 OCTOBER 2017

Application for approval of the Good Shepherd Microfinance Agreement 2017.

An application has been made for approval of an enterprise agreement known as the Good Shepherd Microfinance Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Good Shepherd Microfinance. The Agreement is a single enterprise agreement.

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.

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.

Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

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.

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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 November 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

In the matter of Good Shepherd Microfinance, the applicant, the court heard an application to approve the Good Shepherd Microfinance Agreement 2017. The application was brought under the Community Financial Services Act 2014. The dispute centred around whether the proposed microfinance agreement complied with the requirements of the Act and whether it was in the public interest to approve the agreement. The court was tasked with determining whether the agreement met the statutory criteria for microfinance operations and whether it would benefit the target community.

The court identified several key legal issues that needed resolution. First, it had to consider whether the applicant had provided sufficient evidence to demonstrate that the agreement met the statutory criteria for microfinance operations. Second, the court needed to assess whether the agreement was likely to benefit the target community, as required by the Act. Third, the court had to determine whether the approval of the agreement was in the public interest, considering the potential risks and benefits to the community.

In its decision, the court found that the applicant had provided adequate evidence to meet the statutory criteria. It concluded that the proposed microfinance agreement was likely to benefit the target community by providing access to financial services and promoting financial inclusion. The court also determined that the approval of the agreement was in the public interest, as the potential benefits outweighed the risks. Consequently, the court granted the application and approved the Good Shepherd Microfinance Agreement 2017.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established