Queensland Working Women's Service Inc.

[2016] FWCA 1434
DECISION

Fair Work Act 2009
s.185—Enterprise agreement
Queensland Working Women’s Service Inc. t/a Working Women
Queensland
(AG2016/2223)
THE QUEENSLAND WORKING WOMEN’S SERVICE INC.
CERTIFIED AGREEMENT 2015
Social, community, home care and disability services

COMMISSIONER SAUNDERS NEWCASTLE, 7 MARCH 2016
Application for approval of The Queensland Working Women’s Service Inc. Certified
Agreement 2015.
[1] An application has been made for approval of an enterprise agreement known as The

Queensland Working Women’s Service Inc. Certified 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 Queensland Working Women’s Service Inc. t/a Working Women Queensland. 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] 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.
[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.
[2016] FWCA 1434
[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from

14 March 2016. The nominal expiry date of the Agreement is 30 November 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Queensland Working Women's Service Inc. t/a Working Women Queensland applied to the Fair Work Commission for the approval of an enterprise agreement known as The Queensland Working Women's Service Inc. Certified Agreement 2015. The application was made pursuant to s.185 of the Fair Work Act 2009. The Agreement is a single enterprise agreement and covers employees within the social, community, home care and disability services industry.

The court was required to decide whether the application for approval of the Agreement met the requirements of s.185 of the Act, and if the Agreement covered the organisation as claimed by the Australian Municipal, Administrative, Clerical and Services Union, a bargaining representative for the Agreement. The court had to ensure that the Agreement complied with ss.186, 187 and 188 of the Act, and that the model flexibility term prescribed by the Fair Work Regulations 2009 was included as a term of the Agreement.

The Commissioner was satisfied that the application met the requirements of s.185 of the Act and that each of the relevant sections of the Act had been complied with. The Commissioner also noted that the Agreement covered the organisation as claimed by the bargaining representative. The Agreement was approved and will operate from 14 March 2016, with a nominal expiry date of 30 November 2018. The Commissioner concluded that the application for approval of the Agreement was successful and ordered the approval of the Agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established