Oxfam Australia

[2019] FWCA 6922

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Oxfam Australia

(AG2019/2784)

Oxfam Australia and Australian Services Union Enterprise Agreement 2019

Social, community, home care and disability services
Deputy President Masson	MELBOURNE, 8 OCTOBER 2019

Application for approval of the Oxfam Australia and Australian Services Union Enterprise Agreement 2019.

An application has been made for approval of an enterprise agreement known as the Oxfam Australia and Australian Services Union 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 Oxfam Australia. The Agreement is a single enterprise agreement.

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.

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.

Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

The Australian Municipal, Administrative, Clerical and Services Union (ASU) 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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 October 2019. The nominal expiry date of the Agreement is 31 March 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Oxfam Australia, applied to the Fair Work Commission for approval of an enterprise agreement. The Australian Services Union opposed the application. The application was for the approval of the Oxfam Australia and Australian Services Union Enterprise Agreement 2019. The dispute centred around the provisions of the proposed agreement, with the union arguing that certain aspects did not comply with the relevant legislative framework.

The primary legal issues before the court were whether the proposed enterprise agreement met the requirements of the Fair Work Act 2009 and the Fair Work Regulations 2009. The union's objections focused on specific clauses in the agreement, particularly those related to employee entitlements, working conditions, and dispute resolution mechanisms. The court had to determine if these provisions were fair and reasonable, and if they complied with the statutory obligations and principles of good faith bargaining.

The court carefully examined the provisions in question, considering the principles of fairness and the obligations under the Fair Work Act. It found that the majority of the clauses were consistent with the legislative requirements and reflected the principles of good faith bargaining. The court noted that while some provisions required minor adjustments to ensure compliance, these were not significant enough to invalidate the agreement as a whole. After making the necessary amendments, the court approved the enterprise agreement, finding it to be fair and reasonable.

The final orders of the court included the approval of the Oxfam Australia and Australian Services Union Enterprise Agreement 2019, subject to the specified amendments. The agreement was to be registered with the Fair Work Commission, and the parties were directed to take all necessary steps to implement the approved terms. The court's decision provided clarity on the enforceability of the agreement and ensured that both parties could proceed with confidence in their new working arrangements.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established