DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Oak Tasmania Pty Ltd T/A Oak Possability
(AG2019/2640)

OAK TASMANIA ENTERPRISE AGREEMENT 2019

Social, community, home care and disability services
DEPUTY PRESIDENT MASSON	MELBOURNE, 18 SEPTEMBER 2019

Application for approval of the Oak Tasmania Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Oak Tasmania Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Oak Tasmania Pty Ltd T/A Oak Possability. 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. The undertakings are taken to be a term of 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 Health Services Union (HSU) and the Australian Municipal, Administrative, Clerical and Services Union (ASU) 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 25 September 2019. The nominal expiry date of the Agreement is 30 November 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Oak Tasmania Pty Ltd, trading as Oak Possability, applied to the Fair Work Commission for approval of the Oak Tasmania Enterprise Agreement 2019. The application involved various bargaining units and employees within the company. The nature of the dispute was whether the proposed agreement met the legal standards for approval under the Fair Work Act 2009.

The legal issues that the Commission needed to address included whether the agreement complied with the provisions of the Act, particularly in terms of the procedural fairness in the bargaining process, and whether it met the substantive requirements for an enterprise agreement. This involved scrutiny of the negotiation process, the contents of the agreement, and whether it provided for the fair treatment of employees and the protection of their rights.

The Fair Work Commission examined the evidence provided by the parties and the procedural fairness of the bargaining process. It assessed whether the agreement provided adequate terms and conditions of employment, including minimum wages, leave entitlements, and dispute resolution mechanisms. The Commission found that the agreement was consistent with the legal requirements and approved it. The decision recognised the efforts of the parties in reaching a fair and reasonable agreement, which would benefit both the employer and the employees.

The final orders of the Fair Work Commission included the approval of the Oak Tasmania Enterprise Agreement 2019, subject to certain conditions and provisions. The decision provided clarity and certainty for the parties involved and set a precedent for similar agreements in the future.

Oak Tasmania Pty Ltd T/A Oak Possability

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established