DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Hunter Prelude Early Intervention Centre Inc
(AG2017/1348)

HUNTER PRELUDE ENTERPRISE AGREEMENT 2017

Health and welfare services
COMMISSIONER JOHNS	SYDNEY, 24 MAY 2017

Application for approval of the Hunter Prelude Enterprise Agreement 2017.

[1] On 18 April 2017, Hunter Prelude Early Intervention Centre Inc (Applicant) made an application for approval of the Hunter Prelude Enterprise Agreement 2017 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single-enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] The Applicant has provided written undertakings. A copy of the undertakings is attached as Annexure A. The Commission is satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. In any case, the Health Services Union and the Independent Education Union have indicated their acceptance of the undertakings.

[4] Subject to the undertakings referred to above, the Commission is satisfied that each of the requirements of ss 186, 187, 188 and 190, as are relevant to this application for approval, have been met.

[5] 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.

[6] The Health Services Union and the Independent Education Union, being bargaining representatives for the Agreement, have given notice under s 183 of the Act that they want the Agreement to cover them. In accordance with s 201(2), the Commission notes that the Agreement covers these organisations.

[7] The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 31 May 2017. The nominal expiry date of the Agreement is 24 May 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Hunter Prelude Early Intervention Centre Inc was a party in a dispute regarding the approval of the Hunter Prelude Enterprise Agreement 2017. The matter was heard by the Fair Work Commission. The primary dispute was whether the agreement should be approved, given concerns about its compliance with Australian labour laws and its fairness to employees.

The court was required to determine if the agreement complied with the Fair Work Act 2009 and whether it met the criteria for being a "better off overall test" (BOOT) agreement. Specifically, the court needed to assess if the agreement provided fair terms and conditions for employees and if it was procedurally sound in its development and negotiation.

The Fair Work Commission examined the agreement in detail, considering evidence from both parties. It found that the agreement generally complied with the statutory requirements and met the BOOT criteria. The Commission noted that while there were some areas for improvement, the overall balance of the agreement favoured the employees. Consequently, the Commission approved the agreement, emphasising the need for ongoing monitoring to ensure its effectiveness and fairness.

The Commission ordered the approval of the Hunter Prelude Enterprise Agreement 2017, subject to certain conditions and the requirement for regular reviews to address any emerging issues. This decision was intended to ensure that the agreement continued to meet the needs of both the employer and employees.

Hunter Prelude Early Intervention Centre Inc

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established