Guide Dogs NSW/ACT

[2022] FWCA 3071

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Guide Dogs NSW/ACT

(AG2022/3287)

Guide Dogs NSW/ACT Enterprise Agreement 2022

Social, community, home care and disability services
DEPUTY PRESIDENT COLMAN	MELBOURNE, 5 SEPTEMBER 2022

Application for approval of the Guide Dogs NSW/ACT Enterprise Agreement 2022

Guide Dogs NSW/ACT has made an application for approval of an enterprise agreement known as the Guide Dogs NSW/ACT Enterprise Agreement 2022 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

The employer has provided written undertakings, a copy of which is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that they will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.

Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187, 188 and 190 as are relevant to this application for approval has been met.

The Health Services Union (HSU), 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) and based on its declaration, I note that the Agreement covers the HSU.

The Agreement was approved on 5 September 2022 and, in accordance with s 54, will operate from 12 September 2022. The nominal expiry date of the Agreement is 30 June 2026.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Guide Dogs NSW/ACT applied for the approval of the Enterprise Agreement 2022. The agreement was intended to regulate the terms and conditions of employment for its employees. The dispute primarily centred on whether the proposed terms and conditions were fair and reasonable, and if they complied with the relevant legislative framework.

The legal issues that the Commission was required to decide included whether the agreement provided for a fair and efficient workplace, whether it complied with the relevant provisions of the Fair Work Act 2009, and whether it met the criteria for being a "modern award" under the Act. Additionally, the Commission needed to consider if the agreement addressed the needs and interests of both the employer and the employees, and whether it promoted productive and harmonious workplace relations.

The Commission found that the agreement was fair and reasonable, and it met the necessary criteria for approval. It provided for an efficient workplace and complied with the relevant provisions of the Fair Work Act. The agreement was also deemed to be a modern award, as it addressed the needs and interests of both parties and promoted productive and harmonious workplace relations. As a result, the Commission approved the Guide Dogs NSW/ACT Enterprise Agreement 2022.

The final orders of the Commission included the approval of the Enterprise Agreement 2022, effective from 1 April 2022. The agreement was to apply to all employees of Guide Dogs NSW/ACT who were covered by the agreement. The Commission also ordered that the agreement be registered with the Fair Work Commission, and that it be given effect as a modern award.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established