DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Melba Support Services Incorporated
(AG2019/5174)

MELBA SUPPORT SERVICES INCORPORATED ENTERPRISE AGREEMENT 2020 TO 2023

Social, community, home care and disability services
DEPUTY PRESIDENT MASSON	MELBOURNE, 12 MARCH 2020

Application for approval of the Melba Support Services Incorporated Enterprise Agreement 2020 to 2023.

[1] An application has been made for approval of an enterprise agreement known as the Melba Support Services Incorporated Enterprise Agreement 2020 to 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Melba Support Services Incorporated. The Agreement is a single enterprise agreement.

[2] The Employer 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. The undertakings are taken to be a term of 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] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Australian Education Union and the Health Services Union of Australia being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 April 2020. The nominal expiry date of the Agreement is 30 June 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Melba Support Services Incorporated sought approval of an enterprise agreement. The applicant, an employer, and the respondent, a union representing employees, had entered into a collective agreement covering the period from 2020 to 2023. The Commission was tasked with determining whether the agreement met the necessary criteria for approval under the Fair Work Act.

The primary legal issues revolved around whether the agreement provided for the proper operation of the enterprise, offered fair and reasonable terms for employees, and complied with the relevant legislative requirements. Specifically, the Commission needed to assess the reasonableness of the proposed wage increases, the conditions of employment, and the overall fairness of the agreement in light of economic conditions and the principles of enterprise bargaining.

The Fair Work Commission found that the proposed agreement met the statutory requirements for approval. The Commission noted that the agreement provided for the proper operation of the enterprise and offered fair and reasonable terms for employees. The wage increases were deemed reasonable in light of the economic conditions and the principles of enterprise bargaining. The Commission also found that the conditions of employment were fair and did not disadvantage employees. Consequently, the Commission approved the enterprise agreement.

The Commission's decision was based on a comprehensive review of the evidence and submissions provided by both parties. The Commission found that the agreement provided for the proper operation of the enterprise, offered fair and reasonable terms for employees, and complied with the relevant legislative requirements. The Commission's decision was final and binding, and the enterprise agreement was approved as sought by the applicant.

Melba Support Services Incorporated

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established