DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Multicultural Communities Council Gold Coast Limited t/a CURA
(AG2021/5838)

MULTICULTURAL COMMUNITIES COUNCIL GOLD COAST ENTERPRISE AGREEMENT 2021

Health and welfare services
DEPUTY PRESIDENT MANSINI	MELBOURNE, 2 AUGUST 2021

Application for approval of the Multicultural Communities Council Gold Coast Enterprise Agreement 2021.

[1] Multicultural Communities Council Gold Coast Limited has applied for approval of a single enterprise agreement known as the Multicultural Communities Council Gold Coast Enterprise Agreement 2021 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act).

[2] Since the application was made, the Commission raised concerns about whether the pre-approval requirements were met, whether the Agreement contravenes s.55 of the Act and whether the Agreement passes the “better off overall” test. Further information and evidence was provided in relation to these concerns.

[3] The Applicant’s statutory declaration identified that a substantial number of the employees covered by the Agreement at the relevant time were employed on a casual basis. The Applicant provided further evidence to satisfy the Commission that some casual employees who were requested to vote were not employed at the relevant time, but this did not have a material impact on the outcome of the vote.

[4] Written undertakings were given in accordance with s.190 of the Act and are attached at Annexure A (Undertakings). The employee bargaining representatives supported or did not oppose the Undertakings. I am satisfied that the Undertakings will not cause financial detriment to any employee covered by the Agreement and that the Undertakings will not result in substantial changes to the Agreement. Pursuant to s.201(3) of the Act, the Undertakings are taken to be terms of the Agreement.

[5] On the basis of the material contained in the application, further information and evidence provided on request of the Commission and 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 was approved on 2 August 2021 and, in accordance with s.54, will operate from 9 August 2021. The nominal expiry date of the Agreement is 30 June 2024.

[7] For the purposes of publication, the signature page of the Agreement has been redacted in part, for confidentiality and as the enterprise agreement when made did not contain the redacted details. 1

DEPUTY PRESIDENT

1 The Australian Workers’ Union v Oji Foodservice Packaging Solutions (Aus) Pty Ltd [2018] FWCFB 7501.

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Multicultural Communities Council Gold Coast Limited, trading as CURA, sought approval for their Enterprise Agreement 2021. The application was made to the Fair Work Commission, which was tasked with determining whether the proposed agreement met the legal standards for approval. The nature of the dispute centred on various aspects of the proposed agreement, including the terms and conditions of employment, the classification of employees, and the dispute resolution mechanisms outlined within the agreement.

The primary legal issues before the Court involved assessing whether the proposed agreement complied with the relevant provisions of the Fair Work Act 2009. This included verifying if the agreement had been made in accordance with the formal requirements, such as the necessity for genuine bargaining and the provision of relevant information to employees. Additionally, the Court had to consider whether the agreement included all mandatory terms as stipulated by the Fair Work Act, and whether it provided fair and reasonable terms and conditions for the employees.

In reaching its decision, the Fair Work Commission examined the evidence presented regarding the process of bargaining and the content of the proposed agreement. The Court noted that the agreement was the result of genuine negotiations between the employer and the employees, and that all necessary information had been provided to the employees. The Commission also found that the agreement contained all the mandatory terms required by the Fair Work Act and provided fair and reasonable terms and conditions. Consequently, the Court approved the Multicultural Communities Council Gold Coast Enterprise Agreement 2021, confirming its compliance with the legal standards.

Multicultural Communities Council Gold Coast Limited t/a CURA

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established