DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Mission Australia
(AG2016/6661)

MISSION AUSTRALIA SERVICE DELIVERY ENTERPRISE AGREEMENT 2016-2019

Social, community, home care and disability services
COMMISSIONER SAUNDERS	SYDNEY, 6 FEBRUARY 2017

Application for approval of the Mission Australia Service Delivery Enterprise Agreement 2016-2019.

[1] An application has been made for approval of an enterprise agreement known as the Mission Australia Service Delivery Enterprise Agreement 2016-2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Mission Australia. 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 Australian Municipal, Administrative, Clerical and Services Union, Independent Education Union of Australia, United Voice 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 13 February 2017. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Mission Australia, a not-for-profit organisation, applied for the approval of a proposed enterprise agreement, the Mission Australia Service Delivery Enterprise Agreement 2016-2019. This application was contested by the Australian Services Union, which represented a number of employees. The disagreement centred on various aspects of the proposed agreement, including employee remuneration, classification, and other conditions of employment.

The legal issues before the Commission involved determining whether the proposed agreement met the requirements of the Fair Work Act 2009. Specifically, the Commission had to assess whether the agreement provided for terms and conditions that were no less favourable than the applicable award or safety net, and whether it had been made in good faith and without coercion. Furthermore, the Commission needed to consider the implications of the agreement on the operational needs of Mission Australia as a not-for-profit entity.

In its decision, the Commission found that the proposed agreement was fair and reasonable, taking into account the particular circumstances of Mission Australia. The Commission held that the agreement provided for appropriate terms and conditions that were not less favourable than the relevant award and safety net. It also found that the agreement had been made in good faith and without coercion. The Commission acknowledged the need for Mission Australia to maintain financial sustainability while meeting its mission of providing essential services. As a result, the Commission approved the proposed agreement, recognising the balance achieved between the interests of the employees and the operational needs of the organisation.

The Fair Work Commission approved the Mission Australia Service Delivery Enterprise Agreement 2016-2019, effective from 1 July 2016. This decision provided certainty for both Mission Australia and its employees, ensuring that the agreement would govern their relationship for the specified period.

Mission Australia

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established