DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Independent Living Centre of Western Australia Inc
(AG2016/7848)

INDEPENDENT LIVING CENTRE OF WA INC AND HEALTH SERVICES UNION (HSUWA) ENTERPRISE AGREEMENT 2016

Health and welfare services
COMMISSIONER JOHNS	SYDNEY, 15 MARCH 2017

Application for approval of the Independent Living Centre of WA Inc and Health Services Union (HSUWA) Enterprise Agreement 2016.

[1] On 20 December 2016 Independent Living Centre of Western Australia Inc (Applicant) made an application for approval of the Independent Living Centre of WA Inc and Health Services Union (HSUWA) Enterprise Agreement 2016. (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, no objections have been received in relation to 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] The Health Services Union of Australia being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it wants the Agreement to cover it. In accordance with s 201(2), the Commission notes that the Agreement covers this organisation.

[6] The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 22 March 2017. 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

In the recent case of Independent Living Centre of Western Australia Inc, the Fair Work Commission was called upon to assess and approve an Enterprise Agreement proposed between the Independent Living Centre of Western Australia Inc and the Health Services Union (HSUWA). The nature of the dispute centred on whether the proposed agreement met all necessary requirements under the Fair Work Act 2009, particularly focusing on the provisions regarding pay rates, conditions of employment, and other related matters.

The primary legal issues the Commission needed to resolve were whether the agreement complied with the Fair Work Act, including the provisions that ensure minimum pay rates and entitlements, and whether it was fairly negotiated. Furthermore, the Commission had to consider whether the agreement was in the best interest of the employees, taking into account fairness, efficiency, and adaptability. The question of whether the agreement appropriately balanced the interests of both the employer and the employees was also pivotal.

In delivering its decision, the Commission meticulously examined the proposed agreement, focusing on its compliance with legislative requirements and its fairness. The Commission found that the agreement was comprehensively negotiated and met all statutory conditions set out in the Fair Work Act. The pay rates, conditions, and other terms were deemed fair and reasonable, striking a balance between the interests of the employer and the employees. Consequently, the Commission approved the Enterprise Agreement, recognising its compliance with the law and its fairness to all parties involved.

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