DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Performance with People Pty Ltd
(AG2017/4531)

ORANA HOUSE INCORPORATED ENTERPIRSE AGREEMENT 2017

Social, community, home care and disability services
COMMISSIONER MCKINNON	MELBOURNE, 23 APRIL 2018

Application for approval of the Orana House Incorporated Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Orana House Incorporated Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Performance with People Pty Ltd. 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] The Australian Municipal Administrative, Clerical and Services Union 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 is approved and, in accordance with s.54 of the Act, will operate from 30 April 2018. The nominal expiry date of the Agreement is 1 September 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Performance with People Pty Ltd sought approval of the Orana House Incorporated Enterprise Agreement 2017, which aimed to regulate employment conditions for certain employees. The applicant argued that the agreement was fair and reasonable, as required by section 232 of the Fair Work Act 2009. The Fair Work Commission was tasked with determining whether the agreement met the criteria for approval.

The primary legal issue before the Commission was whether the proposed enterprise agreement was fair and reasonable. This required an assessment of whether the agreement balanced the interests of both employees and employers, and whether it complied with the Fair Work Act 2009. Additionally, the Commission needed to consider if the agreement addressed key employment matters such as wages, hours of work, and other conditions of employment.

The Fair Work Commission found that the Orana House Incorporated Enterprise Agreement 2017 was fair and reasonable. The Commission concluded that the agreement adequately balanced the interests of both parties, and complied with the requirements of the Fair Work Act 2009. The agreement was found to address all key employment matters, including wages, hours of work, and other conditions of employment. As a result, the Commission approved the enterprise agreement as compliant with the relevant legislative framework.

Performance with People Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established