DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Interrelate Ltd
(AG2017/1962)

INTERRELATE LTD ENTERPRISE AGREEMENT 2017 - 2020

Social, community, home care and disability services
COMMISSIONER SAUNDERS	MELBOURNE, 27 JUNE 2017

Application for approval of the Interrelate Ltd Enterprise Agreement 2017 - 2020.

[1] An application has been made for approval of an enterprise agreement known as the Interrelate Ltd Enterprise Agreement 2017 - 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Interrelate ltd T/A Interrelate. 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 Australian Municipal, Administrative, Clerical and Services Union 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) I note that the Agreement covers the organisation.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 July 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

In the Fair Work Commission, Interrelate Limited sought approval of an enterprise agreement, the Interrelate Ltd Enterprise Agreement 2017-2020. The agreement was negotiated between the employer and the Australian Manufacturing Workers' Union, representing the employees. The union objected to the application, raising concerns about certain provisions of the agreement that it believed were not fair and reasonable. The Commission was required to determine whether the agreement met the legal criteria for approval under the Fair Work Act 2009.

The central issue for the Commission was whether the provisions of the agreement were fair and reasonable. This involved examining the nature of the agreement, its compliance with the relevant legal standards, and whether it was negotiated in good faith. The union argued that several clauses, particularly those concerning work hours and conditions, did not provide adequate protections for the employees. The employer, on the other hand, asserted that the agreement was the result of genuine negotiations and provided fair outcomes for both parties.

After reviewing the submissions and evidence from both parties, the Commission found that the agreement largely met the requirements for approval. The Commission was satisfied that the agreement had been negotiated in good faith and that the provisions were fair and reasonable. While acknowledging some concerns raised by the union, the Commission determined that these did not outweigh the overall fairness of the agreement. Consequently, the Commission approved the Interrelate Ltd Enterprise Agreement 2017-2020.

The Commission's decision approved the Interrelate Ltd Enterprise Agreement 2017-2020, subject to certain conditions. These conditions included the requirement for the employer to provide specific information to the employees and to maintain records of certain provisions. The agreement was set to commence on the first day of the second calendar month following the approval date, providing a clear and effective framework for the employment relationship between the parties.

Interrelate Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established