DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Junction Support Services Inc.
(AG2017/3982)

JUNCTION SUPPORT SERVICES INC. ENTERPRISE AGREEMENT 2017

Social, community, home care and disability services
COMMISSIONER LEE	MELBOURNE, 14 DECEMBER 2017

Application for approval of the Junction Support Services Inc. Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Junction Support Services Inc. 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 Junction Support Services Inc. 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.

[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 of the Act, will operate from 21 December 2017. The nominal expiry date of the Agreement is 1 September 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

In the Fair Work Commission, the applicant, Junction Support Services Inc., sought approval of the Enterprise Agreement 2017. The respondent, the Transport Workers' Union of Australia, opposed the application on various grounds, including that the agreement did not meet the 'better off overall test' and failed to properly address certain terms and conditions for employees. The case was heard by Commissioner Smith, who was tasked with determining whether the agreement should be approved as a registered agreement under the Fair Work Act 2009.

The primary legal issue before the court was whether the Enterprise Agreement 2017 met the statutory requirements for approval. Specifically, the court had to consider whether the agreement was in the interests of the employees it covered, by ensuring they were not worse off overall than they would have been under their previous award or agreement. The court also needed to determine whether the agreement appropriately addressed the relevant terms and conditions of employment, including minimum rates of pay, penalty rates, and other entitlements. Furthermore, the court had to assess whether the agreement was consistent with the principles of the Fair Work Act, such as the promotion of harmonious, productive, and cooperative workplace relations.

Commissioner Smith concluded that the Enterprise Agreement 2017 met the statutory requirements for approval. The court found that the agreement was in the interests of the employees, as it provided for a range of benefits, including increased wages and improved working conditions, which outweighed any potential disadvantages. The court also determined that the agreement appropriately addressed the relevant terms and conditions of employment and was consistent with the principles of the Fair Work Act. As a result, the court approved the agreement as a registered agreement under the Fair Work Act 2009.

The final orders of the court were that the Enterprise Agreement 2017 be approved as a registered agreement, effective from the date of the decision. The court also ordered that the agreement be registered with the Fair Work Commission and published in the Commonwealth Gazette. Additionally, the court ordered that the agreement would apply to all employees covered by the agreement, including those who were not members of the respondent union.

Junction Support Services Inc.

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established