DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Ross House Association Incorporated
(AG2015/5747)

THE ROSS HOUSE ASSOCIATION ENTERPRISE AGREEMENT 2015.

Social, community, home care and disability services
COMMISSIONER CRIBB	MELBOURNE, 3 DECEMBER 2015

Application for approval of The Ross House Association Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as The Ross House Association 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 Ross House Association Incorporated. The agreement is a single-enterprise agreement.

[2] An undertaking has been given with respect to clauses 11, 21.6, 26 and 29 and is taken to be a term of the Agreement. A copy of the undertaking is attached to this Decision as Annexure A and can also be found at the end of the Agreement.

[3] Subject to the undertaking referred to above, 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 December 2015. The nominal expiry date of the Agreement is 9 December 2018.

COMMISSIONER

ANNEXURE A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter involved The Ross House Association Incorporated as the applicant, seeking approval of an Enterprise Agreement for the year 2015. The application was brought before the Fair Work Commission, an Australian workplace relations tribunal. The association sought to have the agreement recognised under the Fair Work Act 2009, aiming to formalise the terms and conditions of employment for its members.

The primary legal issue before the Commission was whether the Enterprise Agreement complied with the statutory requirements outlined in the Fair Work Act. This included assessing whether the agreement covered the minimum entitlements and provided for a fair and efficient workplace. The Commission had to determine if the agreement adequately addressed the interests of both the employer and employees, including provisions for minimum wage rates, leave entitlements, and other conditions of employment.

The Fair Work Commission found that the agreement did indeed meet the statutory criteria. The agreement contained provisions that ensured the protection of minimum entitlements and provided a balanced approach to the needs of both the employer and employees. The Commission concluded that the agreement was fair and efficient, and thus approved it as required under the Fair Work Act. The approval allowed the agreement to be registered and enforceable, providing a clear framework for the employment conditions within The Ross House Association.

The final orders of the Commission included the approval and registration of the Enterprise Agreement, which would now govern the employment conditions of the members. The decision provided certainty and clarity for both the Association and its members, ensuring compliance with the statutory requirements under the Fair Work Act.

Ross House Association Incorporated

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established