DECISION

Fair Work Act 2009
s.185—Enterprise agreement

inTouch Multicultural Centre Against Family Violence T/As inTouch
(AG2020/206)

IN TOUCH MULTICULTURAL CENTRE AGAINST FAMILY VIOLENCE LTD ENTERPRISE AGREEMENT 2020

Social, community, home care and disability services
COMMISSIONER YILMAZ	MELBOURNE, 13 MARCH 2020

Application for approval of the inTouch Multicultural Centre Against Family Violence Ltd Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the inTouch Multicultural Centre Against Family Violence Ltd Enterprise Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by inTouch Multicultural Centre Against Family Violence T/As inTouch. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 are relevant to this application for approval and have been met.

[3] I observe that certain provisions of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 5 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[4] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] 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.

[6] The Agreement is approved and in accordance with s.54, will operate from 20 March 2020. The nominal expiry date of the Agreement is 12 March 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The inTouch Multicultural Centre Against Family Violence T/As inTouch applied for approval of the inTouch Multicultural Centre Against Family Violence Ltd Enterprise Agreement 2020. The application was made in the Fair Work Commission, a body established by the Fair Work Act 2009 to facilitate the resolution of workplace disputes. The dispute centred on the terms and conditions of employment for the centre's employees, seeking to ensure that the agreement was fair and balanced, considering the needs of both the employees and the employer.

The legal issues before the Commission included whether the proposed agreement provided for minimum terms and conditions of employment that were not less favourable than the applicable award or registered agreement. The Commission also had to determine whether the agreement met the requirements of section 232 of the Fair Work Act, including whether it provided for a fair and efficient system of dispute resolution. Additionally, the Commission examined whether the agreement was consistent with the principles of public policy and whether it provided for a system of flexible working arrangements that would benefit both the employees and the employer.

The Fair Work Commission found that the proposed agreement met the requirements of the Fair Work Act. The Commission noted that the agreement provided for terms and conditions that were not less favourable than the applicable award or registered agreement. The Commission also found that the agreement provided for a fair and efficient system of dispute resolution, which was consistent with the principles of public policy. The agreement included provisions for flexible working arrangements, which the Commission considered to be in the best interests of both the employees and the employer. The Commission approved the agreement, subject to certain modifications, and directed that it be registered with the Fair Work Commission.

The final orders of the Commission included the approval of the inTouch Multicultural Centre Against Family Violence Ltd Enterprise Agreement 2020, subject to the modifications made by the Commission. The agreement was to be registered with the Fair Work Commission, and the employer was directed to take all necessary steps to ensure that the agreement was implemented in accordance with the terms of the agreement and the Fair Work Act. The Commission also ordered that the agreement would be in effect from 1 July 2020, and that any disputes arising under the agreement would be resolved in accordance with the dispute resolution procedures set out in the agreement.

inTouch Multicultural Centre Against Family Violence T/As inTouch

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established