DECISION

Fair Work Act 2009
s.185—Enterprise agreement

NSW Users and AIDS Association
(AG2019/14)

NSW USERS AND AIDS ASSOCIATION, INC. (NUAA) ENTERPRISE AGREEMENT 2018

Social, community, home care and disability services
DEPUTY PRESIDENT MILLHOUSE	MELBOURNE, 24 JULY 2019

Application for approval of the NSW Users and AIDS Association, Inc. (NUAA) Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the NSW Users and AIDS Association, Inc. (NUAA) Enterprise Agreement 2018 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by the NSW Users and AIDS Association (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] 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.

[5] 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 31 July 2019. The nominal expiry date of the Agreement is 24 July 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The NSW Users and AIDS Association sought approval for its 2018 Enterprise Agreement, which governs employment terms and conditions for its employees. The application was brought before the Fair Work Commission, which was required to determine whether the agreement met the criteria for approval under the Fair Work Act 2009. The main issues before the Commission were whether the agreement provided for fair and reasonable terms and conditions, including remuneration and other employment benefits, and whether it was made in good faith and without coercion. The Commission found that the agreement met these criteria, as it provided for fair and reasonable terms and conditions for employees, and was made in good faith without coercion. The Commission also found that the agreement did not have an adverse effect on employees' health and safety, and did not unfairly discriminate against any group of employees. Based on these findings, the Commission approved the agreement, and the NSW Users and AIDS Association was granted the relief it sought. The Fair Work Commission approved the 2018 Enterprise Agreement for the NSW Users and AIDS Association, finding that it met the criteria for approval under the Fair Work Act 2009.

NSW Users and AIDS Association

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established