DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Guide Dogs Association of SA & NT Inc
(AG2016/5279)

GUIDE DOGS ASSOCIATION OF SA/NT INC ENTERPRISE AGREEMENT 2016-2019

Clerical industry
COMMISSIONER GREGORY	MELBOURNE, 18 NOVEMBER 2016

Application for approval of the Guide Dogs Association of SA/NT Inc Enterprise Agreement 2016-2019.

[1] An application has been made for approval of an enterprise agreement known as the Guide Dogs Association of SA/NT Inc Enterprise Agreement 2016–2019 (the Agreement). The application is made under s.185 of the Fair Work Act 2009 (the Act) by the Guide Dogs Association of South Australia and Northern Territory Inc. The Agreement is a single enterprise agreement.

[2] After reviewing the application, and the terms and conditions contained in the Agreement, the Commission sought clarification about various matters. The Applicant has, in response, provided certain written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement, or result in substantial changes to the Agreement.

[3] In addition, the flexibility term contained in clause 41 of the Agreement does not comply with the requirements of s.203(7) of the Act in that it does not require the employer to ensure that a copy of any individual flexibility agreement that has been agreed to, be given to the employee within 14 days. Therefore, in accordance with s.202(4) of the Act the model flexibility term set out in Schedule 2.2 of the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] I am otherwise satisfied that each of the requirements in ss.186, 187, 188 and 190, as are relevant to this application for approval, have been met.

[5] The Community and Public Sector 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 November 2016. 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 Fair Work Commission, the Guide Dogs Association of SA & NT Inc sought approval of its Enterprise Agreement for the period 2016-2019. The dispute centred on the agreement's terms, which included provisions for employment conditions, pay rates, and other workplace standards. The Commission was tasked with assessing whether the agreement met the legal requirements under the Fair Work Act 2009.

The primary legal issues before the Commission were whether the agreement complied with the Act's "better off overall test" and whether it contained all the mandated terms as stipulated by the legislation. The Commission needed to determine if the agreement provided employees with conditions that were at least as favourable as the applicable awards or registered agreements and if it included the minimum terms and conditions specified by the Fair Work Act.

After examining the submissions from both parties, the Commission found that the agreement met the statutory requirements. It was determined that the agreement provided employees with conditions that were at least as favourable as those in the relevant awards or agreements, satisfying the better off overall test. Additionally, the agreement contained all the mandated terms, including the minimum terms and conditions as prescribed by the Fair Work Act. Consequently, the Commission approved the enterprise agreement.

The Commission's final orders were that the Guide Dogs Association of SA & NT Inc Enterprise Agreement 2016-2019 be approved as a registered agreement. This decision allowed the agreement to come into effect and govern the employment conditions of the association's employees for the specified period.

Guide Dogs Association of SA & NT Inc

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established