DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Illawarra Legal Centre Inc
(AG2016/3357)

ILLAWARRA LEGAL CENTRE ENTERPRISE AGREEMENT 2016-2019

Social, community, home care and disability services
COMMISSIONER SAUNDERS	SYDNEY, 12 JULY 2016

Application for approval of the Illawarra Legal Centre Enterprise Agreement 2016-2019.

[1] An application has been made for approval of an enterprise agreement known as the Illawarra Legal Centre 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 Illawarra Legal Centre Inc. 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] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 July 2016. The nominal expiry date of the Agreement is 18 July 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The parties involved in this case were Illawarra Legal Centre Inc and the Fair Work Commission, with the dispute centred around the approval of the Illawarra Legal Centre Enterprise Agreement 2016-2019. The application for approval was heard in the Fair Work Commission, the federal workplace relations tribunal in Australia.

The legal issues before the court were primarily concerned with whether the agreement met the statutory requirements under the Fair Work Act 2009, particularly in terms of its compliance with minimum entitlements, and whether it was made in good faith and without coercion. The court had to determine if the agreement fairly represented the interests of both the employer and the employees, and if it met the criteria for approval under the relevant legislation.

The Fair Work Commission assessed the agreement based on its adherence to the provisions of the Fair Work Act, including the need for it to provide for minimum rates of pay, leave entitlements, and other conditions of employment that were no less favourable than the applicable award or registered agreement. The Commission found that the agreement was made in good faith and without coercion, and that it met the statutory requirements for approval. The Commission emphasised the importance of fair representation and the need for agreements to be made without undue influence or pressure.

In light of the findings, the Fair Work Commission approved the Illawarra Legal Centre Enterprise Agreement 2016-2019, confirming that it met all necessary criteria and would provide for fair and reasonable terms of employment for the employees involved. The decision was made on the basis that the agreement was consistent with the provisions of the Fair Work Act and was made in the interests of both parties.

Illawarra Legal 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