DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Intelife Group Inc
(AG2017/1239)

INTELIFE GROUP INC SUPPORTED EMPLOYEES ENTERPRISE AGREEMENT 2017

Social, community, home care and disability services
COMMISSIONER SAUNDERS	MELBOURNE, 19 JUNE 2017

Application for approval of the Intelife Group Inc Supported Employees Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Intelife Group Inc Supported Employees 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 Intelife Group 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 26 June 2017. The nominal expiry date of the Agreement is 26 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Intelife Group Inc was the subject of an application for the approval of the Intelife Group Inc Supported Employees Enterprise Agreement 2017. The application was made by the employer to the Fair Work Commission. The nature of the dispute centred on the terms and conditions set out in the proposed agreement and whether they were fair and reasonable. The Fair Work Commission was tasked with reviewing the application and determining whether the agreement should be approved.

The legal issues before the Commission were primarily concerned with the fairness and reasonableness of the proposed agreement. This involved an examination of whether the agreement complied with the relevant provisions of the Fair Work Act 2009, including those relating to the protection of employees' rights and interests. The Commission had to consider if the agreement provided for fair and reasonable terms and conditions for the employees, including matters such as wages, hours of work, and other employment conditions. Additionally, the Commission assessed whether the agreement had been genuinely negotiated between the parties and whether it included appropriate dispute resolution mechanisms.

In reaching its decision, the Commission thoroughly reviewed the provisions of the proposed agreement and the submissions made by both the employer and the employees. The Commission determined that the agreement was fair and reasonable, taking into account the overall balance of the terms and conditions. The Commission found that the agreement provided for adequate protections for the employees and that it had been genuinely negotiated. The Commission also noted the inclusion of appropriate dispute resolution mechanisms within the agreement. Based on this analysis, the Commission approved the application for the agreement.

The final orders of the Commission were that the Intelife Group Inc Supported Employees Enterprise Agreement 2017 be approved as a registered agreement under the Fair Work Act 2009. The agreement was to be registered and enforceable from the date of the Commission's decision, ensuring that the terms and conditions outlined within it would apply to the relevant employees.

Intelife Group Inc

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established