DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Mountains Outreach Community Service Inc
(AG2017/4995)

THE MOUNTAINS OUTREACH COMMUNITY SERVICE INC ENTERPRISE AGREEMENT 2017 - 2020

Social, community, home care and disability services
COMMISSIONER SAUNDERS	NEWCASTLE, 9 MARCH 2018

Application for approval of the Mountains Outreach Community Service Inc Enterprise Agreement 2017 - 2020.

[1] An application has been made for approval of an enterprise agreement known as The Mountains Outreach Community Service Inc Enterprise 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 Mountains Outreach Community Service 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 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.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 March 2018. The nominal expiry date of the Agreement is 15 March 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The applicant, Mountains Outreach Community Service Inc, sought approval of an enterprise agreement between the applicant and the respondent, an incorporated association of employees. The Fair Work Commission was asked to determine if the agreement met the legal requirements for approval, including if it provided for the determination of employees' terms and conditions of employment and if it was covered by a safety net award. The Commission had to assess if the agreement was in the public interest, particularly considering its potential impact on the charitable objectives of the applicant organisation.

The main legal issues the Commission considered were whether the agreement provided for the determination of employees' terms and conditions of employment in accordance with the Fair Work Act 2009, and if it was covered by a safety net award. The Commission also had to determine if the agreement met the public interest test, which required consideration of the potential impact of the agreement on the charitable objectives of the applicant organisation.

The Commission found that the agreement provided for the determination of employees' terms and conditions of employment and was covered by a safety net award. The Commission considered the public interest test and found that the agreement was in the public interest, particularly given the need to balance the interests of the employees with the charitable objectives of the applicant organisation. The Commission noted that the agreement provided for reasonable terms and conditions of employment, while also allowing the applicant organisation to continue to pursue its charitable objectives. The Commission approved the enterprise agreement, subject to certain conditions.

The Fair Work Commission approved the enterprise agreement, subject to the conditions that the agreement be registered with the Fair Work Commission and that the applicant organisation provide the Commission with a copy of the agreement within 14 days of its approval. The Commission also imposed certain conditions on the agreement, including a requirement that the applicant organisation provide the Commission with a copy of any variation to the agreement within 14 days of the variation taking effect.

Mountains Outreach Community Service Inc

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established