DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Launceston Women's Shelter Inc T/A Magnolia Place LWS
(AG2018/1836)

MAGNOLIA PLACE LWS ENTERPRISE AGREEMENT 2017

Tasmania
COMMISSIONER SAUNDERS	NEWCASTLE, 21 SEPTEMBER 2018

Application for approval of the Magnolia Place LWS Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Magnolia Place LWS 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 Launceston Women’s Shelter Inc T/A Magnolia Place LWS. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings (the Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[3] The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

[4] Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

[5] Subject to 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.

[6] 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.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 September 2018. The nominal expiry date of the Agreement is 1 July 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Launceston Women's Shelter Inc trading as Magnolia Place LWS, applied to the Fair Work Commission for approval of its Enterprise Agreement 2017. The application was opposed by the Tasmanian Government, represented by the Department of Treasury and Finance. The primary nature of the dispute was whether the proposed enterprise agreement complied with the requirements of the Fair Work Act 2009. The case was heard in the Fair Work Commission.

The central legal issues that the Commission was required to decide included whether the agreement provided for the mandatory terms as stipulated by the Fair Work Act, whether it complied with the "better off overall test" and whether it included any provisions that were contrary to public policy. Additionally, the Commission needed to assess whether the agreement was made in good faith and whether the bargaining was genuinely aimed at making an agreement.

The Commission determined that the proposed agreement did meet the mandatory terms set out in the Fair Work Act. It also satisfied the "better off overall test", meaning that the employees would be no worse off and at least some would be better off financially. The Commission found that none of the provisions were contrary to public policy. Furthermore, the evidence suggested that the agreement was made in good faith and the bargaining process was genuine. Based on these findings, the Commission approved the Enterprise Agreement 2017.

The Fair Work Commission approved the Magnolia Place LWS Enterprise Agreement 2017, finding it compliant with the Fair Work Act, meeting the better off overall test, and not contrary to public policy. The Commission also found that the agreement was made in good faith and the bargaining process was genuine. This decision was made in light of the evidence presented and the legal standards set by the Fair Work Act.

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