Gunnedah Workshops Enterprises Ltd T/A Gunnedah Workshops

[2018] FWCA 6682

[2018] FWCA 6682

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Gunnedah Workshops Enterprises Ltd T/A Gunnedah Workshops
(AG2018/1987)

GUNNEDAH WORKSHOP ENTERPRISES LTD WORKPLACE AGREEMENT 2018

Social, community, home care and disability services
COMMISSIONER MCKINNON	MELBOURNE, 29 OCTOBER 2018

Application for approval of the Gunnedah Workshop Enterprises Ltd Workplace Agreement 2018.

[1] Application has been made for approval of a single enterprise agreement known as the Gunnedah Workshop Enterprises Ltd Workplace Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Gunnedah Workshops Enterprises Ltd T/A Gunnedah Workshops.

[2] Gunnedah Workshops is a non-profit organisation employing individuals with disabilities. It is partially funded by the Commonwealth Department of Social Services. The Agreement is a fourth generation agreement that has been in place for 15 years. It provides rates of pay which are equal to the Support Employment Services Award 2010 (the Award)¸ allows for ordinary hours to be work on a Saturday by mutual agreement, allows for alteration of part time hours of work without agreement of the employee and provides that overtime is payable for hours of work in excess of 38 hours. The Agreement provides some more beneficial entitlements than the Award in relation to additional unpaid leave, career planning and training. However, on balance I am not satisfied the Agreement passes the better off overall test.

[3] The special circumstances of Gunnedah Workshops and its employees are exceptional in the sense that while they are not necessarily unique or unprecedented, they are uncommon. In the circumstances, and in particular the involvement and support of parents and guardians of the employees as well as history of agreement making at the enterprise, I am satisfied that it would not be contrary to the public interest to approve the Agreement under section 189(2).

[4] Written undertakings have been given in accordance with s. 190 of the Act. 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 and will not result in substantial changes to the Agreement.

[5] With the undertakings now given, and except in relation to the better off overall test, I am satisfied that each of the requirements of ss.186, 187, 188 and 189 as are relevant to this application for approval have been met.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 November 2018. In accordance with s.189(4) of the Act, the nominal expiry date of the Agreement is 28 October 2020.

COMMISSIONER

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Annexure A