Greenacres Disability Services

[2014] FWCA 7979

[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:

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