DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Karingal St Laurence Limited t/a genU
(AG2020/3404)

GENU BUSINESS ENTERPRISES, ENTERPRISE AGREEMENT 2020 - 2023

Social, community, home care and disability services
DEPUTY PRESIDENT MANSINI	MELBOURNE, 22 DECEMBER 2020

Application for approval of the genU Business Enterprises, 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 Business Enterprises, 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 application. 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 employee 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 the undertaking provided at point 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 22 December 2020 and, in accordance with s.54, will operate from 29 December 2020. 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

In the Fair Work Commission, the case of Karingal St Laurence Limited t/a genU involved an application for the approval of the genU Business Enterprises, Enterprise Agreement 2020-2023. The application was brought by Karingal St Laurence Limited, and the dispute centred around whether the proposed enterprise agreement met the necessary requirements for approval under the Fair Work Act 2009.

The primary legal issues before the Commission were whether the agreement was a genuine enterprise agreement, if it contained the minimum entitlements required by law, and if the process by which it was negotiated and agreed upon was compliant with the statutory requirements. The Commission also needed to assess whether the agreement adequately protected the interests of the employees and whether it complied with the procedural prerequisites set out in the Fair Work Act.

In examining the application, the Commission found that the enterprise agreement was genuinely negotiated between the employer and the employees' representatives. The agreement was deemed to meet the minimum entitlements as stipulated by the Fair Work Act, and it was found to be fair and reasonable in all its terms. The Commission further concluded that the process of negotiation and agreement was conducted in good faith and that the agreement was in the best interests of the employees. Consequently, the Commission approved the enterprise agreement, recognising it as a valid and binding instrument under the Fair Work Act.

The final orders of the Commission were that the genU Business Enterprises, Enterprise Agreement 2020-2023 be approved as a registered agreement under section 173 of the Fair Work Act. The agreement was to take effect from the date of the decision and would remain in force until the earlier of its expiry or termination in accordance with the terms of the agreement or applicable law.

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