DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Karingal St Laurence Limited t/a genU
(AG2020/3711)

GENU EMPLOYMENT SERVICES ENTERPRISE AGREEMENT 2020 - 2023

Social, community, home care and disability services
DEPUTY PRESIDENT MANSINI	MELBOURNE, 31 DECEMBER 2020

Application for approval of the genU Employment Services Enterprise Agreement 2020 - 2023.

[1] Karingal St Laurence Limited t/a genU has applied for approval of a single enterprise agreement known as the genU Employment Services Enterprise Agreement 2020 - 2023 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act).

[2] Since the application was made, the Commission raised concerns about whether the pre-approval requirements were met, the Agreement contravenes s.55 of the Act and whether the Agreement passes the better off overall test. Further information was provided in relation to these concerns.

[3] Karingal St Laurence Limited t/a genU sought to correct a typographical error in the original application, by filing an amended statutory declaration. In the circumstances, I am satisfied that this amendment should be allowed and that it is appropriate to do so pursuant to s.586 of the Act.

[4] Written undertakings were given in accordance with s.190 of the Act and are attached at Annexure A (Undertakings). The bargaining representatives did not oppose the Undertakings. 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. Pursuant to s.201(3) of the Act, the Undertakings are taken to be terms of the Agreement.

[5] Noting undertaking 2 of the Undertakings, I am satisfied that the more beneficial entitlements of the National Employment Standards in the Act (NES) will prevail where there is an inconsistency between the Agreement and the NES.

[6] On the basis of the material contained in the application, further information provided on request of the Commission and 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.

[7] The Australian Municipal, Administrative, Clerical and Services Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act. In accordance with s.201(2), I note that the Agreement covers this organisation.

[8] The Agreement was approved on 31 December 2020 and, in accordance with s.54, will operate from 7 January 2021. The nominal expiry date of the Agreement is 30 June 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Karingal St Laurence Limited trading as genU, sought approval from the Fair Work Commission for an enterprise agreement covering its employees from 2020 to 2023. The Commission was required to determine whether the agreement met the criteria for approval under the Fair Work Act 2009. The legal issues before the court centred on whether the agreement provided for fair and reasonable terms and conditions of employment, and whether it complied with the procedural requirements of the Fair Work Act. The Commission needed to consider whether the agreement had been genuinely negotiated, whether it included mandatory terms, and whether it provided for fair and reasonable pay and conditions. Additionally, the Commission had to ensure the agreement did not discriminate against any employee or class of employees and was not contrary to public policy.

The Commission found that the agreement was genuinely negotiated, as it was the product of arm's length bargaining between the parties. The agreement included all mandatory terms required by the Fair Work Act and provided for fair and reasonable pay and conditions for employees. The Commission also determined that the agreement did not discriminate against any employee or class of employees and was not contrary to public policy. Consequently, the Commission approved the genU Employment Services Enterprise Agreement 2020 - 2023, finding that it met the statutory requirements for approval.

The Fair Work Commission approved the genU Employment Services Enterprise Agreement 2020 - 2023. The Commission found that the agreement was genuinely negotiated, included all mandatory terms, and provided for fair and reasonable pay and conditions. Additionally, the agreement did not discriminate against any employee or class of employees and was not contrary to public policy. The approval of the agreement allows it to be registered with the Fair Work Commission, making it a legally binding contract between the applicant and its employees for the specified period.

Karingal St Laurence Limited t/a genU

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established