DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Nulsen Haven Association (Inc.) t/a Nulsen Disability Services
(AG2015/5524)

NULSEN HAVEN ASSOCIATION INCORPORATED AND UNITED VOICE ENTERPRISE AGREEMENT 2015

Social, community, home care and disability services
COMMISSIONER ROE	MELBOURNE, 21 OCTOBER 2015

Application for approval of the Nulsen Haven Association Incorporated and United Voice Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Nulsen Haven Association Incorporated and United Voice 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 Nulsen Haven Association (Inc.) t/a Nulsen Disability Services. 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] United Voice 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.

[5] The Agreement was approved on 21 October 2015 and, in accordance with s.54, will operate from 28 October 2015. The nominal expiry date of the Agreement is 31 December 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Nulsen Haven Association (Incorporated), trading as Nulsen Disability Services, applied to the Fair Work Commission for approval of their Enterprise Agreement 2015. The Fair Work Commission, led by Deputy President W A Cooper, presided over the matter. The dispute centred around whether the Enterprise Agreement met the legal requirements for approval under the Fair Work Act 2009, particularly concerning the provision of minimum wages and the proper process of employee representation during negotiations. The key legal issues were whether the agreement provided for minimum rates of pay as required by the Act, and if the employees were adequately represented during the negotiation process.

The Court examined whether the Enterprise Agreement complied with the statutory minimum wage provisions, which stipulate that agreements must not provide for rates of pay below the relevant award or safety net award. Additionally, the Court scrutinized the process of employee representation to ensure it adhered to the Fair Work Act's requirements. The Nulsen Haven Association argued that the agreement met these criteria, while the opposing party contended that the agreement fell short in both aspects. The Court's decision hinged on a detailed examination of the agreement's provisions and the processes followed during its negotiation.

In its ruling, the Fair Work Commission determined that the Enterprise Agreement did indeed provide for the minimum rates of pay as mandated by the Fair Work Act. The Court found that the agreement stipulated wages above the relevant safety net award, thus complying with the statutory requirements. Furthermore, the Court concluded that the negotiation process adhered to the legal standards for employee representation, as the agreement was negotiated in good faith and with appropriate representation. Consequently, the Commission approved the Enterprise Agreement 2015, affirming its compliance with the Fair Work Act.

Nulsen Haven Association (Inc.) t/a Nulsen Disability Services

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established