DECISION

Fair Work Act 2009
s.185—Enterprise agreement

New Horizons Enterprises Limited
(AG2018/1713)

NEW HORIZONS ENTERPRISE AGREEMENT 2018

Social, community, home care and disability services
COMMISSIONER SAUNDERS	NEWCASTLE, 26 OCTOBER 2018

Application for approval of the New Horizons Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the New Horizons Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by New Horizons Enterprises Limited. 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] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[7] 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.

[8] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 2 November 2018. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved New Horizons Enterprises Limited, a company that sought approval of the New Horizons Enterprise Agreement 2018. The application was made to the Fair Work Commission, which was tasked with determining whether the agreement met the requirements of the Fair Work Act 2009. The primary dispute centred around the fairness and compliance of the proposed agreement with the legislative framework governing industrial relations in Australia.

The legal issues that the Commission was required to decide included whether the agreement had been made in accordance with the mandatory bargaining requirements of the Act, whether it contained the minimum terms and conditions as prescribed by the Act, and whether the agreement was in the best interest of the employees. Furthermore, the Commission needed to assess whether the agreement was free from any illegal or unfair content, and whether it had been made in good faith.

In reaching its decision, the Commission examined the processes followed in the negotiation of the agreement, the terms and conditions contained within it, and the impact of those terms on the employees. The Commission found that the agreement had been made in accordance with the mandatory bargaining provisions and contained the minimum terms and conditions as required by the Act. The Commission also determined that the agreement was fair and in the best interest of the employees, as it provided for reasonable working conditions, adequate protections, and appropriate dispute resolution mechanisms. The Commission concluded that the agreement was free from any illegal or unfair content and had been made in good faith.

The Commission approved the New Horizons Enterprise Agreement 2018, subject to the terms and conditions outlined in the agreement. The decision highlights the importance of ensuring that enterprise agreements comply with the legislative framework and are fair and reasonable for all parties involved. The approval of the agreement allows the parties to move forward with the implementation of the new terms and conditions, while also providing a framework for resolving any future disputes that may arise.

New Horizons Enterprises Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established