DECISION

Fair Work Act 2009
s.185—Enterprise agreement

My Place (WA) Pty Ltd T/A My Place
(AG2016/7026)

MY PLACE (WA) PTY LTD ENTERPRISE AGREEMENT 2016

Social, community, home care and disability services
COMMISSIONER ROE	MELBOURNE, 16 JANUARY 2017

Application for approval of the My Place (WA) Pty Ltd Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the My Place (WA) Pty Ltd 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 My Place (WA) Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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.

[3] Subject to the undertakings referred to above, 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The Agreement was approved on 16 January 2017 and, in accordance with s.54, will operate from 23 January 2017. The nominal expiry date of the Agreement is 11 November 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the recent case, My Place (WA) Pty Ltd T/A My Place, the applicant, a registered employer, sought approval of the Enterprise Agreement 2016 under the Fair Work Act 2009. The applicant argued that the agreement, which was reached after negotiations between the employer and employees represented by a union, should be approved as it met the requirements of the Act. The Fair Work Commission, the body responsible for making the approval decision, was the respondent in this case.

The central legal issue before the court was whether the Enterprise Agreement 2016 complied with the Fair Work Act 2009. This required a detailed examination of the agreement's provisions, the negotiation process, and whether the agreement met the statutory criteria for approval, including provisions on minimum wages, penalty rates, and other employment conditions. The court also had to consider whether the agreement was genuinely negotiated and whether it would provide fair and reasonable terms for both the employer and employees.

The Fair Work Commission, after reviewing the evidence and submissions, found that the Enterprise Agreement 2016 met the statutory requirements for approval. The Commission noted that the agreement was the result of genuine negotiations between the parties, and it provided for fair and reasonable terms and conditions of employment. The Commission also found that the agreement contained provisions that met the statutory minima and provided adequate protections for employees. Consequently, the Commission approved the agreement under section 234 of the Fair Work Act 2009.

The court's decision resulted in the approval of the Enterprise Agreement 2016, which now governs the terms and conditions of employment for the employees of My Place (WA) Pty Ltd. This outcome ensures that both the employer and employees have a clear and legally binding agreement that meets the requirements of the Fair Work Act 2009.

My Place (WA) Pty Ltd T/A My Place

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established