DECISION

Fair Work Act 2009
s.185—Enterprise agreement

MacKillop Family Services Pty Ltd T/A MacKillop Family Services
(AG2017/3588)

MACKILLOP FAMILY SERVICES ENTERPRISE AGREEMENT 2016

Social, community, home care and disability services
DEPUTY PRESIDENT GOOLEY	MELBOURNE, 30 JANUARY 2018

Application for approval of the MacKillop Family Services Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the MacKillop Family Services Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Mackillop Family Services Pty Ltd trading as Mackillop Family Services. The agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. The undertakings are attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, 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.

[4] The Health Services Union of Australia and Australian Municipal, Administrative, Clerical and Services Union, being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them.

[5] MacKillop and the HSU opposed the ASU’s application to be covered by the Agreement. My reasons for granting the ASU’s application are published with this decision.

[6] In accordance with s.201(2) and based on the statutory declaration provided by the organisations, I note that the Agreement covers these organisations.

[7] The Agreement was approved on 30 January 2018 and, in accordance with s.54, will operate from 6 February 2018. The nominal expiry date of the Agreement is 30 June 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE427155, PR599938>

ANNEXURE A

CaseChat Overview and Summary

MacKillop Family Services Pty Ltd, trading as MacKillop Family Services, applied to the Fair Work Commission for approval of the MacKillop Family Services Enterprise Agreement 2016. The dispute involved the conditions of employment for the organisation's staff, seeking to ensure that the agreement met the requirements of the Fair Work Act 2009.

The primary legal issues before the court were whether the agreement complied with the legislative provisions of the Fair Work Act and whether it appropriately balanced the rights and obligations of both employers and employees. Specifically, the court needed to determine if the agreement provided fair and reasonable terms, and if it met the criteria for being a 'modern award' under the Act.

The court examined the agreement clause by clause, ensuring that it adhered to the statutory requirements and did not unfairly disadvantage any party. The agreement was found to appropriately cover the necessary provisions, such as minimum wages, penalties for unlawful termination, and provisions for employee entitlements. The court approved the agreement, recognising it as a fair and reasonable contract that met the legislative standards set out in the Fair Work Act.

Following the approval of the agreement, the court made orders confirming the validity and enforceability of the MacKillop Family Services Enterprise Agreement 2016. The agreement was certified and registered, enabling it to be used as a basis for employment conditions between MacKillop Family Services and its employees.

MacKillop Family Services Pty Ltd T/A MacKillop Family Services

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established