DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Montagu Community Living Inc
(AG2016/5001)

MONTAGU COMMUNITY LIVING INC. UNION COLLECTIVE AGREEMENT 2015

Tasmania
COMMISSIONER SAUNDERS	NEWCASTLE, 21 OCTOBER 2016

Application for approval of the Montagu Community Living Inc. Union Collective Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Montagu Community Living Inc. Union Collective Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Montagu Community Living Inc.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 Health 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.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 October 2016. The nominal expiry date of the Agreement is 30 June 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by Montagu Community Living Inc. for the approval of the Union Collective Agreement 2015. The applicant sought to have the agreement, which was made between the union and the employer, approved under the Fair Work Act 2009. The dispute centred around whether the agreement met the statutory requirements for approval and whether it complied with the provisions of the Act.

The legal issues that the court had to determine included whether the agreement contained all the mandated terms and conditions, whether it was consistent with the relevant provisions of the Fair Work Act, and if it provided for fair and efficient workplace practices. The court also had to consider whether the agreement adequately protected the rights of employees and whether it adhered to the principles of the Act.

The court found that the Union Collective Agreement 2015 met all the necessary requirements for approval under the Fair Work Act. It was comprehensive in its coverage of the terms and conditions of employment, compliant with the statutory provisions, and aligned with the principles of fairness and efficiency. The agreement was deemed to appropriately safeguard the rights of the employees and provided for effective workplace practices. Consequently, the court approved the agreement, finding it to be in the best interests of the employees and the employer, as well as the broader community.

Montagu Community Living Inc

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established