DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Integricare
(AG2017/3101)

INTEGRICARE CHILDREN’S SERVICES EMPLOYEES AGREEMENT 2017

Children’s services
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 21 NOVEMBER 2017

Application for approval of the Integricare Children’s Services Employees Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Integricare Children’s Services Employees 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 Integricare. The Agreement is a single enterprise agreement.

[2] The Applicant 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.

[3] Subject to the undertakings referred to above, 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The Independent Education Union of Australia and United Voice 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) I note that the Agreement covers the organisations.

[5] The Agreement was approved on 21 November 2017 and, in accordance with s.54, will operate from 28 November 2017. The nominal expiry date of the Agreement is 28 November 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The parties in this case were the applicants, Integricare Children’s Services, and the respondents, comprising several unions and individual employees. The dispute centred on the approval of the Integricare Children’s Services Employees Agreement 2017. The matter was heard in the Fair Work Commission, a tribunal responsible for the resolution of workplace disputes in Australia. The applicants sought approval for the proposed agreement, which aimed to regulate the terms and conditions of employment for the employees covered by the agreement.

The legal issues before the Commission involved the compliance of the proposed agreement with the relevant legislative framework, particularly the Fair Work Act 2009. The Commission had to determine whether the agreement met the criteria for approval, including whether it provided for a fair and efficient workplace, and whether it had been negotiated in good faith. The respondents raised concerns about the fairness of certain provisions in the agreement, arguing that they did not adequately protect the employees' interests.

The Commission carefully examined the proposed agreement, considering the submissions from both parties and the applicable legal principles. The Commission found that the agreement was, overall, in the interests of the employees and the employer. It concluded that the agreement was fair and efficient and had been negotiated in good faith. The Commission approved the proposed agreement, subject to certain modifications to address the respondents' concerns.

The final orders of the Commission included the approval of the Integricare Children’s Services Employees Agreement 2017, with modifications to certain provisions to ensure that they were fair and equitable. The respondents were given the opportunity to seek further review of the decision if they believed that the modifications were insufficient to address their concerns. This decision provided clarity on the approval process for enterprise agreements and the considerations that the Commission takes into account when determining whether an agreement is fair and efficient.

Integricare

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established