Macleay Options Inc. Summary

[2014] FWCA 7084

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Macleay Options Inc.
(AG2014/8678)

MACLEAY OPTIONS INC. (SUPPORTED EMPLOYEES) WORKPLACE AGREEMENT 2014.

Social, community, home care and disability services
DEPUTY PRESIDENT BOOTH	SYDNEY, 8 OCTOBER 2014

Application for approval of the Macleay Options Inc. (Supported Employees) Workplace Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Macleay Options Inc. (Supported Employees) Workplace Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Macleay Options Inc. The agreement is a single-enterprise agreement.

[2] An undertaking has been provided by Mr Mick Milicevic, Chief Executive Officer, Macleay Options Inc. The written undertaking concerning Clauses 2.2, 5.1 and 5.6 will be taken to be a term of the Agreement pursuant to s.191 of the Act and is attached to this Decision.

[3] I am 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 and, in accordance with s.54 of the Act, will operate from 15 October 2014. The nominal expiry date of the Agreement is 31 December 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Macleay Options Inc. recently sought approval of the Macleay Options Inc. (Supported Employees) Workplace Agreement 2014 from the Fair Work Commission. The application arose from negotiations between Macleay Options Inc. and the Australian Manufacturing Workers' Union regarding the terms and conditions of employment for a group of supported employees. The union contested the proposed agreement, raising several objections concerning the fairness and adequacy of the proposed terms.

The central legal issues the Commission needed to address were whether the workplace agreement met the requirements of section 176 of the Fair Work Act 2009, including the need for it to provide for fair and reasonable terms and conditions, and whether it had been negotiated in good faith. The Commission examined the process by which the agreement was negotiated, the content of the proposed agreement, and the evidence presented by both parties regarding the reasonableness and fairness of the terms.

After thorough consideration, the Commission found that the workplace agreement met the statutory requirements for approval. It was satisfied that the negotiation process was conducted in good faith and that the terms of the agreement were fair and reasonable. The Commission took into account the evidence presented by both parties, including the nature of the work performed by the employees, their skill levels, and the economic context in which the negotiations took place. The Commission also noted the absence of any substantive issues raised by the union that would undermine the fairness of the agreement.

Consequently, the Commission approved the Macleay Options Inc. (Supported Employees) Workplace Agreement 2014. This decision provides clarity and certainty to the parties involved and establishes the terms and conditions of employment for the supported employees under the approved agreement.

Macleay Options Inc.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established