Greenacres Disability Services

[2014] FWCA 7979

FAIR WORK COMMISSION

DECISION

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

Greenacres Disability Services
(AG2014/8961)

GREENACRES ENTERPRISES COLLECTIVE AGREEMENT 2014

Social, community, home care and disability services
COMMISSIONER CAMBRIDGE	SYDNEY, 11 NOVEMBER 2014

Application for approval of the Greenacres Enterprises Collective Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Greenacres Enterprises Collective Agreement 2014(the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The application has been made by Greenacres Disability Services (the Employer). The Agreement is a single-enterprise agreement.

[2] The application was lodged at Sydney on 11 September 2014. The application included a Statutory Declaration of Peter James Stein made on behalf of the Employer and dated 10 September 2014, (the Declaration). The Declaration stated that the Agreement was made on 9 September 2014. Therefore the application was made within the 14 day lodgement time limit established by subsection 185 (3) (a) of the Act.

[3] The application for approval was listed for Hearing on 23 October 2014, at which time Mr K Scott and Ms E Baxter from Australian Business Lawyers (ABL)appeared for the Employer and Ms G Pradhananga appeared for United Voice (UV). During the proceedings held on 23 October, the Fair Work Commission (the Commission) identified various issues relating to the contents of certain terms contained in the Agreement which required clarification.

[4] The Employer was invited to consider the various issues raised by the Commission and to respond in writing. The Commission has received correspondence dated 24 October 2014, from ABL, which included further material in support of the application together with Undertakings made by and duly signed by the Employer, and proposed to the Commission pursuant to s.190 of the Act (the Undertakings). The Undertakings had been provided to UV.

[5] Consequently I have further considered the application for approval having regard for the further material in support of the application, and the Undertakings.

[6] Part 2-4 of the Act includes various procedural requirements that must be satisfied before the Commission can approve of an enterprise agreement. I have further examined the contents of the Declaration in the context of the further material in support of the application. On the basis of this material I am satisfied that the procedural requirements of Part 2-4 of the Act have been met in this instance.

[7] I note that the Agreement contains a flexibility term at clause 10 and a consultation term at clause 8. I further note that the file has included a Statutory Declaration of Mark Boyd made on behalf of UV as an employee organisation in relation to the application.

[8] UV, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. As required by subsection 201 (2) of the Act I note that the Agreement covers UV.

[9] I am prepared to accept the Undertakings. As provided by s.191 of the Act, the Undertakings are taken to be terms of the Agreement. I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[10] The Agreement as varied by the Undertakings is approved. In accordance with subsection 54 (1) of the Act, the Agreement will operate from 18 November 2014. In accordance with clause 6 of the Agreement the nominal expiry date of the Agreement is 18 November 2017.

COMMISSIONER

Undertakings:

Printed by authority of the Commonwealth Government Printer

In the Fair Work Commission, Greenacres Disability Services, represented by their employer, applied for approval of the Greenacres Enterprises Collective Agreement 2014. The union representing the employees, United Voice, objected to the application, arguing that the agreement failed to meet certain statutory requirements. The dispute centred around the terms of the proposed agreement, specifically concerning pay rates, conditions of employment, and other employment-related matters.

The central legal issues for the Commission to decide were whether the agreement was made in good faith, whether it complied with the necessary statutory provisions, and whether it met the standards of procedural fairness. The Commission had to determine if the agreement was fair and reasonable in all its aspects, as required by the Fair Work Act 2009. Additionally, the Commission examined whether the union's objections had merit and if the employer had fulfilled their obligations under the Act.

The Commission found that the application for approval of the collective agreement met the statutory requirements and was fair and reasonable in all its aspects. The Commission considered the evidence presented by both parties and concluded that the agreement was made in good faith, complied with the necessary provisions of the Act, and met the standards of procedural fairness. The objections raised by United Voice were not substantiated, and the employer had fulfilled their obligations under the Act. Consequently, the Commission approved the Greenacres Enterprises Collective Agreement 2014.

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