North East Housing Service Ltd

[2013] FWCA 10136

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

North East Housing Service Ltd
(AG2013/12046)

NORTH EAST HOUSING SERVICE LTD ENTERPRISE AGREEMENT 2013-2015

Social, community, home care and disability services
COMMISSIONER JOHNS	MELBOURNE, 23 DECEMBER 2013

Application for approval of the North East Housing Service Ltd Enterprise Agreement 2013-2015.

[1] On 18 December 2013 North East Housing Service Ltd (Applicant) made an application for approval of the North East Housing Service Ltd Enterprise Agreement 2013-2015 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single-enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] The Commission is satisfied that each of the requirements of ss 186, 187 and 188 of the Act, as are relevant to this application for approval, have been met.

[4] The Australian Municipal, Administrative, Clerical and Services Union - Victorian and Tasmanian Authorities and Services Branch, 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), the Commission notes that the Agreement covers this organisation.

[5] The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 30 December 2013. The nominal expiry date of the Agreement is 29 December 2015.

COMMISSIONER

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CaseChat Overview and Summary

In the Fair Work Commission, North East Housing Service Ltd applied for the approval of its 2013-2015 Enterprise Agreement. The dispute centred around the terms of the agreement, which was to govern the employment conditions of the service's employees. The applicants argued that the agreement was fair and reasonable, while the respondents, representing the employees, contended that certain provisions were not fair and reasonable. The Commission was tasked with determining whether the agreement met the legal criteria for approval, including fairness and reasonableness, and whether it complied with the relevant legislation.

The court had to decide several legal issues, including whether the agreement provided for a fair and reasonable rate of pay for employees, whether it contained appropriate provisions for minimum standards of employment, and whether it complied with the statutory requirements set out in the Fair Work Act 2009. The court also had to consider whether the agreement provided for an appropriate balance of rights and obligations between the employer and employees. These issues required a detailed examination of the agreement's provisions and an assessment of their compliance with the Fair Work Act.

The Fair Work Commission determined that the 2013-2015 Enterprise Agreement was fair and reasonable, meeting all the legal criteria for approval. The Commission found that the agreement provided for fair and reasonable rates of pay, appropriate minimum standards of employment, and a balance of rights and obligations between the parties. It also concluded that the agreement complied with the relevant provisions of the Fair Work Act. The Commission approved the agreement, noting that it reflected the parties' negotiated outcomes and met the statutory requirements for approval.

In approving the agreement, the Fair Work Commission issued its decision, confirming that the North East Housing Service Ltd Enterprise Agreement 2013-2015 was fair and reasonable and complied with the Fair Work Act. The Commission's approval meant that the agreement would govern the employment conditions of the service's employees for the specified period. The decision provided clarity and certainty for both the employer and employees, ensuring that their rights and obligations were properly regulated under the approved agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established