DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Marrickville Legal Centre
(AG2021/5272)

MARRICKVILLE LEGAL CENTRE ENTERPRISE AGREEMENT 2017 - 2018

Social, community, home care and disability services
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 11 JUNE 2021

Application for approval of the Marrickville Legal Centre Enterprise Agreement 2017-2018.

[1] An application has been made for approval of an enterprise agreement known as the Marrickville Legal Centre Enterprise Agreement 2017-2018 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings (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.

[3] 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.

[4] Pursuant to subsection 190(3) of the Act, I accept the Undertakings. The Undertakings are taken to be a term of the Agreement.

[5] Subject to the Undertakings, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 as are relevant to this application for approval have been met.

[6] The Australian Municipal, Administrative, Clerical and Services Union being a bargaining representative for the Agreement, has given notice under section 183 of the Act that it wants the Agreement to cover it. In accordance with subsection 201(2) of the Act, I note that the Agreement covers the organisation.

[7] The Agreement is approved and, in accordance with section 54 of the Act, will operate from 18 June 2021. The nominal expiry date of the Agreement is 10 June 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Marrickville Legal Centre lodged an application for approval of its 2017-2018 Enterprise Agreement with the Fair Work Commission (FWC). The Centre sought to have the agreement, which was concluded between the Centre and its employees represented by the Shop, Distributive and Allied Employees Association (SDA), approved under section 232 of the Fair Work Act 2009. The SDA argued that the agreement should be approved as "better off overall" for the employees, while the Centre contended that the agreement should be rejected due to a lack of proper consultation and certain provisions that were not in the best interests of the employees.

The primary legal issue before the Commission was whether the agreement met the "better off overall test" under the Fair Work Act, which requires that employees are not worse off financially and have at least one non-financial benefit. The Commission also considered whether the agreement was made in good faith and whether the Centre had properly consulted with its employees. The SDA argued that the agreement improved employees' conditions, including wages and access to training, while the Centre claimed that the agreement was not in the best interests of the employees and did not result from proper consultation.

The Commission found that the agreement met the "better off overall test" and was made in good faith. The Commission acknowledged that there were issues with the consultation process but found that these issues did not affect the overall fairness of the agreement. The Commission also found that the agreement provided employees with non-financial benefits, such as improved access to training and professional development opportunities. The Commission concluded that the agreement should be approved under section 232 of the Fair Work Act.

The Commission approved the Marrickville Legal Centre Enterprise Agreement 2017-2018. The agreement was found to be in the best interests of the employees and met the "better off overall test" under the Fair Work Act. The Commission acknowledged the issues with the consultation process but found that they did not affect the overall fairness of the agreement. The agreement was made in good faith and provided employees with non-financial benefits, such as improved access to training and professional development opportunities.

Marrickville Legal Centre

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established