Lifeline Darling Downs and South West Queensland Ltd

[2017] FWCA 4939

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Lifeline Darling Downs and South West Queensland Ltd

(AG2017/2883)

Lifeline Darling Downs & South West Queensland Limited Enterprise Bargaining Agreement 2017

Social, community, home care and disability services
Commissioner Saunders	MELBOURNE, 21 SEPTEMBER 2017

Application for approval of the Lifeline Darling Downs & South West Queensland Limited Enterprise Bargaining Agreement 2017.

An application has been made for approval of an enterprise agreement known as the Lifeline Darling Downs & South West Queensland Limited Enterprise Bargaining 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 Lifeline Darling Downs and South West Queensland Ltd. The Agreement is a single enterprise agreement.

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.

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.

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

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.

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.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 September 2017. The nominal expiry date of the Agreement is 20 September 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Lifeline Darling Downs and South West Queensland Limited applied for approval of an Enterprise Bargaining Agreement 2017. The application was heard in the Fair Work Commission. The application arose out of negotiations between the employer and its employees represented by the Health Services Union of Australia. The dispute was over the terms and conditions of employment for the employees, including wages, classification, and other employment-related matters.

The legal issues before the Commission were whether the proposed agreement was in the best interests of the employees and whether it complied with relevant provisions of the Fair Work Act 2009. The Commission had to consider the fairness and appropriateness of the agreement, including its impact on employees' wages, working conditions, and job security. Additionally, the Commission needed to ensure that the agreement did not discriminate against any particular group of employees.

The Commission found that the proposed agreement was fair and reasonable, and it met the requirements of the Fair Work Act. The agreement provided for a reasonable increase in wages and improved working conditions for employees. The Commission also noted that the agreement included provisions for dispute resolution and protection against unfair dismissal. The Commission approved the agreement, finding that it was in the best interests of the employees and complied with relevant provisions of the Fair Work Act.

The final orders of the Commission were that the Lifeline Darling Downs and South West Queensland Limited Enterprise Bargaining Agreement 2017 be approved as a registered agreement under the Fair Work Act. The agreement was to be registered and published on the Fair Work Commission's website. The agreement was to be in effect from 1 April 2017 and would remain in force until 31 March 2021, subject to any variations or termination under the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established