Launch Housing Ltd T/A Launch Housing

[2022] FWCA 4360

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Launch Housing Ltd T/A Launch Housing

(AG2022/5093)

Launch Housing Enterprise Agreement 2022

Social, community, home care and disability services
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 12 DECEMBER 2022

Application for approval of the Launch Housing Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the Launch Housing Enterprise Agreement 2022 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

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

The Australian Municipal, Administrative, Clerical and Services Union, being a bargaining representative for the Agreement, has given notice under section 183 of the Act that it wants the Agreement to cover it. In accordance with subsection 201(2) of the Act, I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with section 54 of the Act, will operate from 19 December 2022. The nominal expiry date of the Agreement is 30 June 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Launch Housing Ltd trading as Launch Housing, applied to the Fair Work Commission for approval of the Launch Housing Enterprise Agreement 2022. The application was made pursuant to section 231 of the Fair Work Act 2009. The primary dispute was whether the agreement met the statutory requirements for being a simple, direct, and clear enterprise agreement, as mandated by the Fair Work Act.

The legal issues before the Commission involved scrutinising whether the agreement contained all the necessary terms and conditions, whether the agreement was simple, direct, and clear, and whether the agreement had been fairly and properly negotiated. The Commission also had to consider whether the agreement satisfied the requirements for being a protected action agreement, which would exempt it from certain provisions of the Fair Work Act.

In its decision, the Fair Work Commission examined the contents of the agreement and the process by which it was negotiated. The Commission noted that the agreement included all the prescribed terms and conditions and was simple, direct, and clear. The Commission was satisfied that the agreement had been fairly and properly negotiated, with adequate disclosure of relevant information and sufficient time for consideration. The Commission also found that the agreement met the requirements for being a protected action agreement. Based on these findings, the Commission approved the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established