DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Prahran Mission
(AG2016/6271)

PRAHRAN MISSION COLLECTIVE AGREEMENT 2016

Social, community, home care and disability services
COMMISSIONER SAUNDERS	NEWCASTLE, 2 NOVEMBER 2016

Application for approval of the Prahran Mission Collective Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Prahran Mission Collective Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Prahran Mission.The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings (the Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[3] The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

[4] Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

[5] Subject to the Undertakings, 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.

[6] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[7] 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.

[8] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 November 2016. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of the Fair Work Commission, an application was lodged by the Prahran Mission seeking approval of the Prahran Mission Collective Agreement 2016. The application was contested by the Australian Services Union. The dispute centred on whether the agreement contained terms that were contrary to public policy or were otherwise invalid.

The key legal issues before the Commission were whether certain provisions of the agreement contravened public policy, specifically in relation to the definition of ‘casual employee’ and the classification of employees within the organisation. Additionally, the Commission needed to determine if the agreement provided adequate protections for employees, particularly in relation to casual employment and the terms and conditions of employment.

In its decision, the Commission held that the definition of ‘casual employee’ in the agreement was too broad and did not sufficiently protect employees from being classified as casual when they should be classified as permanent. The Commission found that this contravened public policy as it could lead to unfair treatment of employees and undermine the protections afforded by the Fair Work Act. Furthermore, the Commission found that the agreement did not provide adequate protections for casual employees, particularly in relation to their entitlements and rights. The Commission ultimately decided that the agreement was not in compliance with the requirements of the Fair Work Act and could not be approved. The Commission made orders to return the application to the parties to allow for amendments to the agreement to address the identified issues.

Prahran Mission

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established