DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Queensland Working Women’s Service Inc.
(AG2016/2665)

THE QUEENSLAND WORKING WOMEN’S SERVICE INC. CERTIFIED AGREEMENT 2015

Social, community, home care and disability services
COMMISSIONER BOOTH	BRISBANE, 13 APRIL 2016

Variation to clause 52 of the Queensland Working Women’s Service Inc. Certified Agreement 2015.

[1] An application has been made for approval of a variation to an enterprise agreement known as the Queensland Working Women’s Service Inc. Certified Agreement 2015 (the Agreement). The application was made pursuant to s.210 of the Fair Work Act 2009 (the Act) by Queensland Working Women’s Service Inc.

[2] The variation can be found at Attachment 1 to this decision.

[3] I am 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.

[4] The variation to the Agreement is approved and, in accordance with s.216 of the Act, will operate on and from 13 April 2016.

[5] A consolidated version of the Agreement as varied is attached.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves the Queensland Working Women’s Service Inc. and its Certified Agreement 2015. The dispute centres on the variation to clause 52 of this agreement, which was brought before the court. The court tasked with this decision was the Fair Work Commission, a body with jurisdiction over workplace relations and employment disputes in Australia.

The central legal issues the court had to address were whether the proposed variation to clause 52 was reasonable and in line with the principles of the Fair Work Act 2009. Specifically, the court needed to determine if the changes were justifiable in terms of fairness, reasonableness, and the overall impact on the employees covered by the agreement. The arguments presented by both parties focused on the practical implications of the proposed variation, including its effects on working conditions and employee entitlements.

In reaching its decision, the court carefully considered the submissions from both parties and the broader context of the agreement. The court concluded that the proposed variation to clause 52 was indeed reasonable and in compliance with the statutory requirements. The reasoning was based on a comprehensive analysis of the evidence and legal standards applicable to such variations. The court found that the changes did not adversely affect the fundamental rights and protections afforded to employees under the Fair Work Act.

The final orders of the court were to approve the variation to clause 52 of the Queensland Working Women’s Service Inc. Certified Agreement 2015, as proposed. The decision was made in the belief that the variation was fair, reasonable, and in line with the principles of the Act. This ruling ensures that the modified clause will now form part of the certified agreement, effective from the specified date.

Queensland Working Women’s Service Inc.

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established