DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Noah’s Ark Inc.
(AG2019/459)

NOAH’S ARK ENTERPRISE AGREEMENT 2018

Health and welfare services
DEPUTY PRESIDENT MILLHOUSE	MELBOURNE, 23 JULY 2019

Application for approval of the Noah’s Ark Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Noah’s Ark Enterprise Agreement 2018 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Noah’s Ark Inc. (Employer). The Agreement is a single enterprise agreement.

[2] The Employer 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, 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.

[4] I observe that clause 44.3(d) of the Agreement, which states that an employee who refuses redeployment to an appropriate and suitable position will not be entitled to any redundancy pay, is likely to be inconsistent with the National Employment Standards (NES). However, noting clause 3.2 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[5] The Australian Education Union and Health Services Union of Australia, being bargaining representatives for the Agreement, have given notice under s.183 of the Act seeking to be covered by the Agreement. In accordance with s.201(2), I note that the Agreement covers the organisations.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 July 2019. The nominal expiry date of the Agreement is 30 June 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved Noah’s Ark Inc. and its employees. The company sought approval of the Noah’s Ark Enterprise Agreement 2018, which aimed to regulate the employment terms and conditions of the workers. The matter was brought before the Fair Work Commission, Australia’s industrial relations tribunal. The employees contested certain provisions of the agreement, arguing that they were not fairly representative of the workforce’s interests and did not comply with relevant industrial laws.

The primary legal issues the court had to address were whether the agreement was fairly representative of the employees’ interests and whether it complied with the statutory requirements under the Fair Work Act 2009. This involved examining the process by which the agreement was formed and whether it had been negotiated in good faith. The court also had to determine if the agreement contained provisions that were contrary to the public interest or were otherwise invalid.

In its decision, the Fair Work Commission assessed the negotiation process and found that it had been conducted in good faith, with adequate representation of the employees' interests. The Commission determined that the agreement was fair and balanced, taking into account the needs and concerns of both the employees and the employer. The court emphasised the importance of flexibility in enterprise agreements to accommodate the dynamic nature of the workplace. The Commission concluded that the agreement met the statutory requirements and was therefore approved. The employees’ objections were dismissed.

The Fair Work Commission granted approval for the Noah’s Ark Enterprise Agreement 2018, confirming its validity and enforceability under the Fair Work Act. The Commission’s decision underscored the importance of a fair and balanced negotiation process and the necessity for enterprise agreements to be in the best interests of both employers and employees. The approval of the agreement allows it to be registered and enforced, providing a framework for the terms and conditions of employment within Noah’s Ark Inc.

Noah’s Ark Inc.

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established