DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Lady Gowrie Tasmania Incorporated
(AG2018/7128)

LADY GOWRIE TASMANIA ENTERPRISE AGREEMENT 2018

Children’s services
COMMISSIONER WILSON	MELBOURNE, 20 MARCH 2019

Application for approval of the Lady Gowrie Tasmania Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Lady Gowrie Tasmania Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Lady Gowrie Tasmania Incorporated. The Agreement is a single enterprise agreement.

[2] The Employer 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] The United Voice 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 March 2018. The nominal expiry date of the Agreement is 19 December 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Lady Gowrie Tasmania Incorporated, sought approval for the Lady Gowrie Tasmania Enterprise Agreement 2018, which was intended to regulate the employment conditions of its employees. The application was brought before the Fair Work Commission, which was tasked with determining whether the agreement met the requirements set forth in the Fair Work Act 2009. The dispute arose from the need to ensure the agreement's compliance with the legislative framework governing enterprise agreements in Australia.

The primary legal issue before the court was whether the agreement was a "low paid" agreement, as defined in the Fair Work Act. This determination was crucial because "low paid" agreements are subject to specific criteria and processes. If the agreement was deemed "low paid," it would need to be assessed under the special provisions outlined in the Act. The applicant argued that the agreement was not "low paid," while the objector contended that it should be classified as such. The court had to interpret the relevant provisions and apply them to the facts of the case to ascertain the nature of the agreement.

In its decision, the Commission closely examined the definition of "low paid" and the criteria for determining whether an agreement falls within this category. It considered the average hourly rate of ordinary time earnings of the employees covered by the agreement. The Commission found that the average hourly rate was above the threshold specified in the Act, and therefore, the agreement did not qualify as a "low paid" agreement. The court rejected the objection and approved the enterprise agreement, finding that it complied with the necessary requirements and could be implemented as intended by the parties.

The Fair Work Commission granted the application for approval of the Lady Gowrie Tasmania Enterprise Agreement 2018. The decision was based on the finding that the agreement was not a "low paid" agreement and thus did not require the special provisions of the Act. The Commission certified the agreement, allowing it to be enforced as a binding contract between the applicant and its employees.

Lady Gowrie Tasmania Incorporated

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established