DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Launceston Women’s Shelter Inc T/A Magnolia Place LWS
(AG2015/1830)

MAGNOLIA PLACE - LWS ENTERPRISE AGREEMENT 2014

Tasmania
COMMISSIONER LEE	MELBOURNE, 10 MARCH 2015

Application for approval of the Magnolia Place - LWS Enterprise Agreement 2014.

[1] An application has been made for approval of a single enterprise agreement known as the Magnolia Place - LWS Enterprise Agreement 2014 (Agreement). The application was made by Launceston Women’s Shelter Inc T/A Magnolia Place LWS pursuant to s.185 of the Fair Work Act 2009 (Act).

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

[3] The consultation term contained in the Agreement provides that the employer provides that “the funding body is external to Magnolia Place LWS and therefore notification by the funding body may not enable the consultation process described...”. I am not satisfied that this provision is in accordance with the requirements of a consultation clause under the Act. Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] The Health Services Union of Australia 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 17 March 2015. The nominal expiry date of the Agreement is 1 July 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicants, Launceston Women’s Shelter Incorporated trading as Magnolia Place, sought approval of the Magnolia Place – LWS Enterprise Agreement 2014. The application was made to the Fair Work Commission in accordance with section 233 of the Fair Work Act 2009. The dispute involved the terms and conditions of employment for the shelter's employees, specifically addressing the application of the agreement across different classifications of workers within the organisation.

The primary legal issue before the Commission was whether the proposed agreement could be approved under the Fair Work Act. This involved examining the fairness and compliance of the agreement with statutory requirements. The Commission needed to determine if the agreement met the criteria for modern awards and if it contained appropriate terms and conditions for the employees, ensuring fairness and compliance with the relevant industrial legislation.

In considering the application, the Fair Work Commission evaluated the fairness of the agreement by examining its content and the process by which it was negotiated. The Commission noted the role of the applicants in providing refuge and support services to women and children, which underscored the importance of the agreement in maintaining operational efficiency. After careful review, the Commission found that the agreement was fair and compliant with the necessary legislative requirements. Consequently, the Commission approved the application, ensuring that the agreement would be applicable to the specified employees.

The Fair Work Commission's decision resulted in the approval of the Magnolia Place – LWS Enterprise Agreement 2014, effective from the date of the decision. This approval allowed the agreement to be applied to the relevant employees, ensuring that the terms and conditions of employment were legally sound and fair.

Launceston Women’s Shelter Inc T/A Magnolia Place LWS

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established