DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Mallee Accommodation & Support Program Ltd T/A MASP
(AG2016/5670)

MALLEE ACCOMMODATION & SUPPORT PROGRAM LTD ENTERPRISE AGREEMENT 2016

Health and welfare services
COMMISSIONER ROE	MELBOURNE, 23 NOVEMBER 2016

Application for approval of the Mallee Accommodation & Support Program Ltd Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Mallee Accommodation & Support Program Ltd 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 Mallee Accommodation & Support Program Ltd T/A MASP. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is 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, 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 application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[5] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] The Agreement was approved on 23 November 2016 and, in accordance with s.54, will operate from 30 November 2016. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, the Mallee Accommodation & Support Program Ltd T/A MASP applied for approval of the Mallee Accommodation & Support Program Ltd Enterprise Agreement 2016. The application was made by the employer, and the agreement was opposed by the Australian Education, Early Childhood Development and Care Union. The dispute centred on various terms and conditions of employment outlined in the proposed agreement, with the union arguing that certain provisions were unfair or not adequately reflective of the employees' rights.

The legal issues before the Commission included whether the proposed agreement met the requirements of the Fair Work Act 2009, specifically sections 234 and 235, which pertain to the registration of new enterprise agreements and the process for making them. The Commission also had to consider whether the agreement provided for procedural fairness in terms of the employees' ability to be fairly represented and to have their interests adequately protected. Additionally, the Commission needed to assess the agreement's compliance with the 'better off overall test' under section 179 of the Act, which requires that employees be no worse off financially under the new agreement.

The Fair Work Commission found that the proposed agreement met the statutory requirements for approval. The Commission determined that the agreement provided for procedural fairness and did not disadvantage employees in terms of their entitlements. Furthermore, the Commission concluded that the agreement was likely to result in employees being better off overall, considering both their financial and non-financial benefits. As a result, the Commission approved the application for the registration of the Mallee Accommodation & Support Program Ltd Enterprise Agreement 2016.

Mallee Accommodation & Support Program Ltd T/A MASP

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established