DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Merri Outreach Support Service Ltd
(AG2018/6698)

MERRI OUTREACH SUPPORT SERVICE ENTERPRISE AGREEMENT 2018

Health and welfare services
DEPUTY PRESIDENT MILLHOUSE	MELBOURNE, 5 JUNE 2019

Application for approval of the Merri Outreach Support Service ENTERPRISE AGREEMENT 2018

[1] An application has been made for approval of an enterprise agreement known as the Merri Outreach Support Service ENTERPRISE AGREEMENT 2018 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Merri Outreach Support Service Ltd (Employer). 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 12 June 2019. The nominal expiry date of the Agreement is 5 June 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, the case of Merri Outreach Support Service Ltd involved a dispute over the approval of the Merri Outreach Support Service Enterprise Agreement 2018. The applicant, Merri Outreach Support Service Ltd, sought the commission's approval of the enterprise agreement, which aimed to govern the employment terms and conditions of its employees. The respondent, the Australian Council of Trade Unions, raised concerns about the agreement's provisions, arguing that they did not meet the requirements under the Fair Work Act 2009.

The primary legal issues before the commission were whether the enterprise agreement contained the necessary provisions as outlined in the Fair Work Act and whether it was made in accordance with the process prescribed by the Act. Specifically, the commission had to determine if the agreement included the minimum entitlements and if it was negotiated fairly and in good faith. The respondent argued that certain provisions did not comply with the statutory minimum standards and that the agreement had not been negotiated as required by law.

The commission examined the agreement's provisions against the requirements of the Fair Work Act. It found that the agreement met the statutory minimum entitlements and was made in accordance with the prescribed process. The commission noted that the agreement had been negotiated between the applicant and the trade unions, and that it contained the necessary provisions to be considered a valid enterprise agreement. The commission concluded that the agreement was fair and reasonable, and approved it accordingly.

As a result of the decision, the Merri Outreach Support Service Enterprise Agreement 2018 was approved, and the provisions of the agreement will govern the employment terms and conditions of the employees of Merri Outreach Support Service Ltd. The commission's decision ensures that the agreement meets the legal requirements under the Fair Work Act and provides a framework for the fair and reasonable regulation of employment terms and conditions.

Merri Outreach Support Service Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established