DECISION

Fair Work Act 2009
s.185—Enterprise agreement

House with No Steps
(AG2016/1658)

HOUSE WITH NO STEPS HUNTER BUSINESSES ENTERPRISE AGREEMENT 2016 - 2019

Social, community, home care and disability services
COMMISSIONER SAUNDERS	NEWCASTLE, 18 AUGUST 2016

Application for approval of the House with No Steps Hunter Businesses Enterprise Agreement 2016 - 2019.

[1] An application has been made for approval of an enterprise agreement known as the House with No Steps Hunter Businesses Enterprise Agreement 2016 - 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by House with No Steps. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings (the Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[3] The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

[4] Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

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

[6] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[7] The Australian Workers’ 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.

[8] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 August 2016. The nominal expiry date of the Agreement is 24 August 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Hunter Businesses, sought approval of an enterprise agreement from the Fair Work Commission. The agreement, titled the House with No Steps Hunter Businesses Enterprise Agreement 2016-2019, was intended to govern the employment conditions of employees within the Hunter region. The primary dispute centred on whether the agreement complied with the requirements of Australian labour law and the Fair Work Act 2009. The case was heard by the Fair Work Commission, the primary tribunal responsible for resolving workplace disputes and approving enterprise agreements in Australia.

The legal issues before the Commission included whether the agreement had been made freely and voluntarily without any form of coercion, and whether it contained all the necessary provisions as required by the Fair Work Act. Specifically, the Commission had to consider if the agreement adequately covered minimum entitlements such as wages, hours of work, and leave provisions. Additionally, the Commission needed to ensure that the agreement met the "better off overall test," meaning that the terms of the agreement were at least as favourable to the employees as the applicable awards or previous agreements.

The Commission examined the evidence provided by both parties and concluded that the agreement had been made freely and without any undue influence. It found that the agreement contained all necessary provisions and that it satisfied the better off overall test. The Commission determined that the agreement was fair and reasonable, and thus approved it. The approval was based on the evidence that the agreement provided employees with terms that were at least as good as, if not better than, those provided by the relevant awards.

The Fair Work Commission approved the House with No Steps Hunter Businesses Enterprise Agreement 2016-2019, effective from the date of the decision. This decision binds the parties to the terms of the agreement and ensures that the employment conditions of the employees are governed by the approved provisions for the specified period.

House with No Steps

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established