DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Noah’s Ark Inc.
(AG2016/2907)

NOAH’S ARK ENTERPRISE AGREEMENT 2015

Health and welfare services
COMMISSIONER LEE	MELBOURNE, 10 JUNE 2016

Application for approval of the Noah’s Ark Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Noah’s Ark Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Noah’s Ark Inc. 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.

[4] The Australian Municipal, Administrative, Clerical and Services Union, Australian Education Union and Health Services Union of Australia being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 17 June 2016. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Noah’s Ark Inc. recently sought approval of the Noah’s Ark Enterprise Agreement 2015 from the Fair Work Commission. The enterprise agreement, which was proposed by the company, sought to amend the existing terms of employment for its employees. The application was brought before the Commission to determine whether the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The central legal issue before the Commission was whether the proposed enterprise agreement satisfied the requirements of section 234 of the Fair Work Act. Specifically, the Commission needed to determine whether the agreement had been made in good faith and whether it provided for the proper protection of the employees’ interests. The company argued that the agreement was made in good faith and provided for fair and reasonable terms, while the employees contended that certain provisions were unfair and did not adequately protect their interests.

After considering the evidence and arguments presented by both parties, the Commission found that the agreement had been made in good faith and provided for the proper protection of the employees’ interests. The Commission noted that the agreement contained provisions for minimum wages, penalties for breaches, and dispute resolution mechanisms, which were all consistent with the objectives of the Fair Work Act. Furthermore, the Commission found that the agreement did not contain any unfair provisions that would disadvantage the employees. Consequently, the Commission approved the Noah’s Ark Enterprise Agreement 2015.

The Commission’s decision was significant as it provided clarity on the criteria for approving enterprise agreements and reinforced the importance of ensuring that such agreements are made in good faith and provide for the proper protection of employees’ interests. The approval of the agreement also provided certainty for both the company and its employees, as it established the terms of employment for the coming years.

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