DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Migrant Women’s Emergency Support Service Inc. T/A Immigrant Women’s Support Service
(AG2017/5055)

MIGRANT WOMEN’S EMERGENCY SUPPORT SERVICE INC. COLLECTIVE AGREEMENT 2017-2020

Social, community, home care and disability services
COMMISSIONER SAUNDERS	NEWCASTLE, 5 FEBRUARY 2018

Application for approval of the Migrant Women’s Emergency Support Service Inc. Collective Agreement 2017-2020.

[1] An application has been made for approval of an enterprise agreement known as the Migrant Women’s Emergency Support Service Inc. Collective Agreement 2017-2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Migrant Women’s Emergency Support Service Inc. T/A Immigrant Women’s Support Service. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings (the 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.

[5] 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 February 2018. The nominal expiry date of the Agreement is 30 July 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Migrant Women’s Emergency Support Service Inc. T/A Immigrant Women’s Support Service sought approval of a collective agreement for the period 2017-2020 before the Fair Work Commission. The dispute involved the terms and conditions of employment for the organisation's employees, and how these should be governed by the proposed agreement. The Fair Work Commission was tasked with determining whether the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The central legal issues before the Commission were whether the proposed collective agreement adequately provided for the employees' rights and entitlements, and whether it complied with the requirements of the Fair Work Act. Specifically, the Commission had to assess if the agreement appropriately balanced the interests of both the employees and the employer, and if it met the statutory standards for good faith bargaining and procedural fairness.

The Commission found that the agreement did indeed meet the statutory requirements for approval. It concluded that the agreement provided fair and reasonable terms for the employees, and that the bargaining process had been conducted in good faith. The Commission also determined that the agreement was procedurally fair, having been made without any coercion, fraud, or other unfair labour practice. Consequently, the Commission approved the collective agreement, finding that it was in the best interests of the employees and the organisation as a whole.

The final orders of the Commission were that the Migrant Women’s Emergency Support Service Inc. T/A Immigrant Women’s Support Service Collective Agreement 2017-2020 be approved in its entirety. The agreement was to be registered with the Fair Work Commission, and would govern the employment conditions of the organisation's employees for the specified period.

Migrant Women’s Emergency Support Service Inc. T/A Immigrant Women’s Support Service

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established