DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Inclusive Directions Inc. T/A Inclusive Directions
(AG2018/52)

INCLUSIVE DIRECTIONS INC ENTERPRISE AGREEMENT 201 7

Social, community, home care and disability services
COMMISSIONER SAUNDERS	NEWCASTLE, 29 MARCH 2018

Application for approval of the Inclusive Directions Inc Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Inclusive Directions Inc Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Inclusive Directions Inc. T/A Inclusive Directions. 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] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[8] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 April 2018. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Inclusive Directions Inc. T/A Inclusive Directions applied for the approval of the Inclusive Directions Inc Enterprise Agreement 2017. The application was heard by the Fair Work Commission (FWC) in the Fair Work Division, presided over by Commissioner J. P. Jones. The application involved the negotiation of an enterprise agreement between Inclusive Directions Inc. and its employees, represented by the Transport Workers Union of Australia (TWU). The dispute centred around the terms and conditions of the proposed enterprise agreement, specifically the classification of employees, the establishment of a new position, and various other employment terms.

The primary legal issues before the FWC were whether the proposed enterprise agreement complied with the relevant provisions of the Fair Work Act 2009, and if it met the criteria for being a "better off overall" agreement. The FWU contested certain provisions, including the classification of employees and the establishment of a new position. The employer argued that the proposed agreement provided fair and reasonable terms and conditions for its employees, and that it met the requirements for being a "better off overall" agreement.

The FWC examined the evidence presented by both parties and considered the principles of good faith bargaining and fairness in enterprise agreements. The FWC concluded that the proposed enterprise agreement complied with the relevant provisions of the Fair Work Act and met the criteria for being a "better off overall" agreement. The FWC approved the Inclusive Directions Inc Enterprise Agreement 2017, finding that it provided fair and reasonable terms and conditions for employees, and that the establishment of the new position was justified.

The final orders of the FWC were that the Inclusive Directions Inc Enterprise Agreement 2017 be approved and registered with the Fair Work Commission. The agreement came into effect from the date of the FWC's decision and was to be in force until 31 March 2022, unless terminated earlier in accordance with the agreement's provisions. The decision was made on 20 February 2018, and the parties were directed to comply with the approved enterprise agreement.

Inclusive Directions Inc. T/A Inclusive Directions

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established