DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Launch Housing Limited
(AG2017/2142)

LAUNCH HOUSING ENTERPRISE AGREEMENT 2017

Social, community, home care and disability services
COMMISSIONER SAUNDERS	MELBOURNE, 7 JULY 2017

Application for approval of the Launch Housing Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Launch Housing 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 Launch Housing Limited. 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 Australian Municipal, Administrative, Clerical and Services Union 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 14 July 2017. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Launch Housing Limited, sought the Fair Work Commission's approval of the Launch Housing Enterprise Agreement 2017. The respondent, the Australian Council of Trade Unions, opposed the application. The dispute centred on whether the proposed agreement met the criteria for being "better off overall" as required by the Fair Work Act 2009. The matter was heard in the Fair Work Commission.

The legal issues before the Commission involved determining whether the proposed agreement provided employees with terms and conditions that were at least as good as the relevant award or modern award, and whether it included provisions that went beyond the minimum entitlements to provide for a better overall package for employees. The Commission had to assess the fairness of the agreement in light of the "better off overall" test, which required a consideration of the overall balance of benefits and detriments to employees.

The Commission examined the proposed agreement's provisions, including wages, penalty rates, leave entitlements, and other conditions. It found that the agreement offered employees a mix of wage increases, additional leave provisions, and other benefits that, when considered as a whole, resulted in employees being better off overall. The Commission was satisfied that the agreement met the statutory criteria for approval, taking into account the overall benefits provided to employees.

The Commission approved the Launch Housing Enterprise Agreement 2017, finding it to be fair and meeting the requirements of the Fair Work Act. The application was thus granted, and the agreement was approved for registration.

Launch Housing Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established