DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Independent Living Centre of Western Australia Inc
(AG2019/3418)

INDEPENDENT LIVING CENTRE OF WA INC ENTERPRISE AGREEMENT 2019

Health and welfare services
DEPUTY PRESIDENT COLMAN	MELBOURNE, 15 NOVEMBER 2019

Application for approval of the Independent Living Centre of WA Inc Enterprise Agreement 2019

[1] Independent Living Centre of Western Australia Inc has made an application for approval of an enterprise agreement known as the Independent Living Centre of WA Inc Enterprise Agreement 2019 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am 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. The undertakings are taken to be a term of the agreement.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, 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.

[4] The Agreement was approved on 15 November 2019 and, in accordance with s 54, will operate from 22 November 2019. The nominal expiry date of the Agreement is 15 November 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, the Independent Living Centre of Western Australia Inc (ILC) applied for approval of the Independent Living Centre of WA Inc Enterprise Agreement 2019. The dispute centred around the terms and conditions of employment within the organisation, including wages, hours of work, leave entitlements, and other employment provisions. The Commission was required to determine whether the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The legal issues before the Commission were whether the agreement provided for fair and reasonable terms and conditions, whether it was free from coercion and undue influence, and whether it complied with the good faith bargaining requirement. Additionally, the Commission had to assess whether the agreement adequately covered the employees of ILC and whether it provided for a fair process to resolve disputes between the parties.

In its decision, the Fair Work Commission found that the Independent Living Centre of WA Inc Enterprise Agreement 2019 met the criteria for approval. The Commission was satisfied that the agreement provided for fair and reasonable terms and conditions, was free from coercion and undue influence, and was the product of good faith bargaining. The agreement was deemed to adequately cover the employees of ILC and provided for a fair process to resolve disputes between the parties. The Commission approved the agreement, noting that it struck an appropriate balance between the interests of the employer and the employees.

As a result of the Commission's decision, the Independent Living Centre of WA Inc Enterprise Agreement 2019 was approved and will now form the basis of the employment terms and conditions for the employees of ILC. The agreement will be registered with the Fair Work Commission and will have legal effect from the date of approval.

Independent Living Centre of Western Australia Inc

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established