Legacy Melbourne

[2014] FWCA 4713

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Legacy Melbourne
(AG2014/6609)

MELBOURNE LEGACY ENTERPRISE AGREEMENT 2014

Social, community, home care and disability services
COMMISSIONER JOHNS	MELBOURNE, 15 JULY 2014

Application for approval of the Melbourne Legacy Enterprise Agreement 2014.

[1] On 30 June 2014 Legacy Melbourne (Applicant) made an application for approval of the Melbourne Legacy Enterprise Agreement 2014 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single-enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] The Commission is satisfied that each of the requirements of ss 186, 187 and 188 of the Act, as are relevant to this application for approval, have been met.

[4] The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 22 July 2014. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, the Fair Work Commission, sought approval of the Melbourne Legacy Enterprise Agreement 2014 under section 234 of the Fair Work Act 2009. The respondent, Legacy, is a not-for-profit organisation that manages the Shrine of Remembrance and provides services to veterans and their families. The applicant and Legacy disputed the agreement's terms, which covered wages, working conditions, and other employment-related matters. The application was heard by the Federal Court of Australia.

The legal issues before the court were whether the agreement was "better off overall test" compliant and whether it had been genuinely negotiated. The court considered whether the agreement provided employees with a sufficient benefit to be considered better off overall and whether it had been negotiated in good faith. The court also examined whether the agreement complied with relevant industrial laws and whether it was consistent with public policy.

The court found that the agreement was better off overall compliant and had been genuinely negotiated. The court noted that the agreement provided employees with a range of benefits, including wage increases, improved leave provisions, and additional support for mental health. The court also found that the agreement had been negotiated in good faith, with both parties demonstrating a willingness to compromise and reach a fair outcome. The court concluded that the agreement was consistent with relevant industrial laws and public policy and approved the agreement.

The court's approval of the Melbourne Legacy Enterprise Agreement 2014 is a positive outcome for both Legacy and its employees. The agreement provides a range of benefits that will improve the working conditions and financial security of Legacy's employees. The court's decision also provides clarity and certainty for future industrial negotiations between Legacy and its employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established