DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Melbourne Legacy
(AG2018/6346)

MELBOURNE LEGACY ENTERPRISE AGREEMENT 2018

Social, community, home care and disability services
DEPUTY PRESIDENT MILLHOUSE	MELBOURNE, 18 APRIL 2019

Application for approval of the Melbourne Legacy Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Melbourne Legacy Enterprise Agreement 2018 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Melbourne Legacy. 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.

[3] Subject to the undertakings, 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 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 April 2019. The nominal expiry date of the Agreement is 30 June 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission was an application by the Melbourne Legacy to have the Melbourne Legacy Enterprise Agreement 2018 approved. The dispute centred on whether the proposed agreement complied with the requirements set out in the Fair Work Act 2009. The Commission was tasked with ensuring that the agreement met the criteria for minimal coverage, bargaining, and procedural fairness.

The primary legal issue before the Commission was whether the agreement met the requirements for minimal coverage under section 231 of the Fair Work Act. Additionally, the Commission had to consider whether the agreement was the product of genuine bargaining as required under section 232 of the Act. Procedural fairness was also examined to ensure that all parties had an opportunity to be heard and to participate in the bargaining process.

The Commission found that the agreement did meet the requirements for minimal coverage, as it covered a sufficient proportion of the employees within the relevant enterprise. Regarding genuine bargaining, the Commission was satisfied that the agreement was the result of genuine negotiations between the parties. The procedural fairness of the process was upheld, as all parties had an opportunity to present their views and engage in the bargaining process. Therefore, the Commission approved the Melbourne Legacy Enterprise Agreement 2018.

The Fair Work Commission approved the Melbourne Legacy Enterprise Agreement 2018, finding it to be compliant with the statutory requirements for minimal coverage, genuine bargaining, and procedural fairness. The Commission's decision was based on the evidence presented and the legal standards established under the Fair Work Act.

Melbourne Legacy

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established