DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Melbourne City Mission Inc
(AG2019/4087)

MELBOURNE CITY MISSION SOCIAL, COMMUNITY AND EMPLOYMENT SERVICES ENTERPRISE AGREEMENT

Social, community, home care and disability services
DEPUTY PRESIDENT MASSON	MELBOURNE, 3 DECEMBER 2019

Application for approval of the Melbourne City Mission Social, Community and Employment Services Enterprise Agreement.

[1] An application has been made for approval of an enterprise agreement known as the Melbourne City Mission Social, Community and Employment Services Enterprise Agreement (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Melbourne City Mission Inc. 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] I note that Clauses 45.11(a), 39.6(c), 42.3(a), and 51.1 are inconsistent with the National Employment Standards (NES) as they provide entitlements which are less beneficial than the entitlements set out under the NES. Given the National Employment Standards precedence clause at clause 3.1 of the agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.

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

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 December 2019. The nominal expiry date of the Agreement is 30 September 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Melbourne City Mission Inc applied to the Fair Work Commission for the approval of the Melbourne City Mission Social, Community and Employment Services Enterprise Agreement. The applicant, Melbourne City Mission Inc, is an employer engaged in social, community, and employment services, while the respondent is the Australian Services Union, representing the employees. The primary dispute revolves around the terms and conditions of employment outlined in the proposed agreement.

The legal issues before the court were whether the proposed agreement met the criteria for approval under the Fair Work Act 2009, including whether it was in the public interest, and if it appropriately balanced the rights and interests of both employees and employers. Additionally, the court had to determine if the agreement provided a fair and reasonable outcome for both parties.

In its decision, the Fair Work Commission found that the proposed agreement met the legislative criteria. It considered that the agreement provided a fair and reasonable outcome, appropriately balancing the rights and interests of the parties. The Commission concluded that the agreement was in the public interest and approved the application. The Commission took into account various factors, including the nature of the services provided by the employer, the bargaining positions of the parties, and the need for flexibility in the workplace.

The Fair Work Commission approved the Melbourne City Mission Social, Community and Employment Services Enterprise Agreement, effective from the date of the decision. The approved agreement will now govern the employment terms and conditions of the employees represented by the Australian Services Union.

Melbourne City Mission Inc

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established