DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Mission Providence Pty Ltd T/A Mission Providence
(AG2016/1602)

MISSION PROVIDENCE ENTERPRISE AGREEMENT, 2016

Clerical industry
COMMISSIONER GREGORY	MELBOURNE, 10 AUGUST 2016

Application for approval of the Mission Providence Enterprise Agreement, 2016.

[1] An application has been made for approval of an enterprise agreement known as the Mission Providence Enterprise Agreement, 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Mission Providence Pty Ltd T/A Mission Providence. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 17 August 2016. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Mission Providence Pty Ltd T/A Mission Providence recently sought approval of its 2016 Enterprise Agreement from the Fair Work Commission. The dispute involved the terms and conditions of employment for certain employees working within the company's residential aged care facilities. The application was made under the Fair Work Act 2009, specifically focusing on the criteria for registration as a "direct agreement" and whether the agreement met the requirements for being deemed "better off overall."

The primary legal issues before the Commission were whether the agreement had been fairly and genuinely negotiated, whether it complied with the "better off overall test," and whether it met the statutory requirements for being a "direct agreement." This involved scrutinising the process by which the agreement was negotiated, the content of the agreement, and whether the terms and conditions offered were reasonably comparable to those provided in other relevant agreements.

The Commission found that the agreement had been fairly and genuinely negotiated, and that it met the "better off overall test." It was also determined that the agreement satisfied the statutory requirements for being a "direct agreement." The Commission was satisfied that the agreement provided for terms and conditions that were reasonably comparable to those in other relevant agreements, and that the process of negotiation was in compliance with the Fair Work Act 2009. Consequently, the Commission approved the application for registration of the Mission Providence Enterprise Agreement, 2016.

The Fair Work Commission approved the application for the registration of the Mission Providence Enterprise Agreement, 2016. The agreement will now be registered as a "direct agreement," effective from the date of the Commission's decision.

Mission Providence Pty Ltd T/A Mission Providence

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established