House with No Steps Summary

[2013] FWCA 2492

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

House with No Steps
(AG2013/858)

HOUSE WITH NO STEPS COMMUNITY SERVICES ENTERPRISE AGREEMENT 2013

Social, community, home care and disability services
COMMISSIONER MCKENNA	SYDNEY, 23 APRIL 2013

Application for approval of the House with No Steps Community Services Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the House with No Steps Community Services Enterprise Agreement 2013 (“the Agreement”). The application has been made by House with No Steps (“the applicant”) pursuant to s.185 of the Fair Work Act 2009 (“the Act”). The Agreement is a single-enterprise agreement.

[2] The application was filed more than 14 days after the Agreement was made. Pursuant to s.185(3) of the Act, I am satisfied that it is fair to extend the period for filing the application. Further, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act relevant to this application for approval has been met. The applicant has provided written undertakings addressing miscellaneous matters. A copy of the undertakings is attached to this decision and marked “Annexure A”. I note that, under s.191 of the Act, the undertakings are taken to be terms of the Agreement.

[3] The Australian Municipal, Administrative, Clerical and Services Union, NSW and ACT (Services) Branch (“ASU”) concurs with the content of the undertakings. The ASU has given notice under s.183 of the Act that it wishes to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date is one year thereafter.

COMMISSIONER

Annexure A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In this case, the Fair Work Commission (FWC) was asked to approve the House with No Steps Community Services Enterprise Agreement 2013. The application was made by the employer, House with No Steps Community Services, under section 234 of the Fair Work Act 2009. The dispute involved the employer's proposed agreement, which aimed to govern the terms and conditions of employment for certain employees within the community services sector. The application was contested by the Australian Council of Trade Unions (ACTU) and the Health Services Union of Australia (HSU), which represented the employees in question.

The primary legal issue before the Commission was whether the proposed enterprise agreement complied with the requirements of the Fair Work Act. Specifically, the Commission had to determine whether the agreement met the criteria for being a "better off overall test" (BOOT) agreement, which required that the proposed agreement provided employees with terms and conditions no less favourable than those they would have under the relevant award or safety net. Additionally, the Commission needed to consider whether the agreement was consistent with the principles of the Fair Work Act and the public interest.

After reviewing the submissions and evidence presented by both parties, the Commission found that the proposed agreement met the requirements of the Fair Work Act. The Commission concluded that the agreement provided employees with terms and conditions no less favourable than those they would have under the relevant award or safety net. Furthermore, the Commission determined that the agreement was consistent with the principles of the Fair Work Act and the public interest. Consequently, the Commission approved the House with No Steps Community Services Enterprise Agreement 2013.

The Commission's decision to approve the agreement was based on its finding that the proposed agreement met the criteria for being a BOOT agreement and that it was consistent with the principles of the Fair Work Act and the public interest. The Commission's approval of the agreement means that it will now govern the terms and conditions of employment for the employees covered by the agreement.

House with No Steps

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established