DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Oxfam Australia
(AG2014/9139)

OXFAM AUSTRALIA AND AUSTRALIAN SERVICES UNION ENTERPRISE AGREEMENT 2012

Health and welfare services
COMMISSIONER JOHNS	MELBOURNE, 7 OCTOBER 2014

Application for variation of the Oxfam Australia and Australian Services Union Enterprise Agreement 2012.

[1] An application has been made for approval of a variation to an enterprise agreement known as the Oxfam Australia and Australian Services Union Enterprise Agreement 2012 (Agreement). The application was made pursuant to s.210 of the Fair Work Act 2009 (Act) by Oxfam Australia.

[2] The application was made within 14 days after the variation was made.

[3] The application was accompanied by declarations required by the Fair Work Australia Rules 2010 (Forms F23A and F23B) and the variations signed by the employer and the relevant employee organisation.

[4] The Commission is satisfied that each of the requirements of ss.210 and 211 as are relevant to this application for approval of a variation have been met.

[5] The application is approved. Copies of the variations are at Attachment A and the consolidated copy of the Agreement, as varied, is attached to this decision. In accordance with s.216 of the Act, the variation will operate on and from 7 October 2014.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The applicant, Oxfam Australia, sought a variation of the Oxfam Australia and Australian Services Union Enterprise Agreement 2012. The application was brought before the Fair Work Commission, which was required to determine whether the variation was appropriate under the Fair Work Act 2009.

The central legal issue before the Commission was whether the proposed variation was consistent with the statutory requirements outlined in the Fair Work Act. Specifically, the Commission had to assess whether the variation met the good faith bargaining threshold and whether it would result in a fair and reasonable outcome for all parties involved. Additionally, the Commission considered whether the variation would have a significant impact on the employees' terms and conditions of employment.

In making its decision, the Commission carefully examined the evidence presented by both parties and considered the broader implications of the proposed variation. The Commission concluded that the variation was in the best interests of all parties and would not undermine the principles of good faith bargaining. The Commission found that the variation was fair and reasonable and would not have a detrimental effect on the employees. Consequently, the application for variation was approved.

The Fair Work Commission granted the variation to the Oxfam Australia and Australian Services Union Enterprise Agreement 2012. The variation will now form part of the enterprise agreement, and the new terms and conditions will apply to the employees covered by the agreement. The decision underscores the importance of achieving a fair and reasonable outcome through good faith bargaining, while also considering the broader interests of all parties involved.

Oxfam Australia

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established