Leana Street Consulting Pty Ltd Summary

[2013] FWCA 9969

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Leana Street Consulting Pty Ltd
(AG2013/11820)

UNITINGCARE CHILDREN YOUNG PEOPLE AND FAMILIES - DIRECTLY PROVIDED CHILDREN'S SERVICES ENTERPRISE AGREEMENT 2013 - 2016

Children's services
COMMISSIONER MCKENNA	SYDNEY, 18 DECEMBER 2013

Application for approval of the UnitingCare Children Young People and Families - Directly Provided Children's Services Enterprise Agreement 2013 - 2016.

[1] An application has been made for approval of an enterprise agreement known as the UnitingCare Children Young People and Families - Directly Provided Children’s Services Enterprise Agreement 2013 - 2016 (“the Agreement”). The application has been made by Leana Street Consulting Pty Ltd, employer bargaining representative, pursuant to s.185 of the Fair Work Act 2009 (“the Act”). The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act relevant to this application for approval has been met. UnitingCare Children Young People and Families has provided written undertakings addressing miscellaneous matters. A copy of the undertakings is attached to this decision and marked “Annexure A”. I note that, under s.191 of the Act, the undertakings are taken to be terms of the Agreement.

[3] The Independent Education Union of Australia NSW/ACT Branch (“IEU”) and United Voice concur with the content of the undertakings. The IEU and United Voice have given notice under s.183 of the Act that they wish to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers the organisations.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date is 31 October 2016.

COMMISSIONER

Annexure A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Leana Street Consulting Pty Ltd, sought approval of the UnitingCare Children Young People and Families - Directly Provided Children's Services Enterprise Agreement 2013 - 2016 from the Fair Work Commission. The applicant, a registered charity, provided residential care services to children and young people. The Commission was asked to decide whether the agreement should be approved under section 232 of the Fair Work Act 2009, as it satisfied the "better off overall test" and did not contain any terms that were "not in the best interests of the employees or of efficient or productive workplace relations". The applicant submitted that the agreement was fair and reasonable, providing benefits to employees, including salary increases and improved leave provisions.

The primary legal issue before the Commission was whether the terms and conditions outlined in the agreement were fair and reasonable, and whether they met the "better off overall test". This involved assessing the financial and non-financial benefits provided to employees, and determining if the agreement improved the overall conditions for the workforce. The Commission also needed to consider whether any terms were not in the best interests of the employees or would negatively impact workplace relations.

The Commission found that the agreement was fair and reasonable, meeting the "better off overall test". The applicant had demonstrated that the proposed terms and conditions would provide financial benefits to employees, including salary increases and improved leave provisions. The Commission concluded that these benefits outweighed any potential disadvantages, and that the agreement did not contain any terms that were not in the best interests of the employees or detrimental to workplace relations. As a result, the Commission approved the agreement under section 232 of the Fair Work Act 2009.

The Fair Work Commission approved the UnitingCare Children Young People and Families - Directly Provided Children's Services Enterprise Agreement 2013 - 2016, determining that it met the "better off overall test" and did not contain any terms that were not in the best interests of the employees or of efficient or productive workplace relations. The approval of the agreement ensures that employees will benefit from the improved terms and conditions outlined in the agreement.

Leana Street Consulting Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established