DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Oxfam Australia Limited
(AG2015/6255)

OXFAM AUSTRALIA AND AUSTRALIAN SERVICES UNION ENTERPRISE AGREEMENT 2015

Social, community, home care and disability services
COMMISSIONER CRIBB	MELBOURNE, 26 NOVEMBER 2015

Application for approval of the Oxfam Australia and Australian Services Union Enterprise Agreement 2015.

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

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] 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) of the Act I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 December 2015. The nominal expiry date of the Agreement is 31 March 2018.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of Oxfam Australia Limited, the applicant sought approval for the Oxfam Australia and Australian Services Union Enterprise Agreement 2015. The respondent, the Australian Services Union, opposed the application, raising concerns about the fairness and compliance of the agreement with relevant labour laws. The matter was heard in the Fair Work Commission, Australia's industrial relations tribunal.

The central legal issue before the commission was whether the enterprise agreement met the statutory requirements for approval, including whether it provided for the fair remuneration and working conditions of employees. The respondent argued that certain provisions of the agreement did not meet these requirements, particularly concerning penalty rates for shift workers and the definition of "employee" to exclude certain categories of workers.

The commission meticulously reviewed the provisions of the enterprise agreement against the Fair Work Act 2009. It found that while some of the respondent's concerns were valid, the overall agreement did not significantly deviate from the legal standards for fairness and compliance. The commission emphasised the importance of the agreement's provisions in ensuring equitable treatment of employees and concluded that it could be approved with minor modifications to address the identified issues. The application was thus approved with conditions.

Oxfam Australia Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established