DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Ruah Community Services
(AG2017/4007)

RUAH COMMUNITY SERVICES ENTERPRISE AGREEMENT 2017

Social, community, home care and disability services
COMMISSIONER SAUNDERS	NEWCASTLE, 19 FEBRUARY 2018

Application for approval of the Ruah Community Services Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Ruah Community Services 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 Ruah Community Services. 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] 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.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 February 2018. The nominal expiry date of the Agreement is 31 August 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Ruah Community Services sought approval of their 2017 Enterprise Agreement from the Fair Work Commission. The agreement was intended to cover employees who were members of the Shop, Distributive and Allied Employees Association. The union and the employer had reached an agreement in principle, which they sought to have approved by the Commission. The union argued that the agreement contained terms that were fair and reasonable in all respects, while the employer maintained that the agreement was necessary to ensure the continued viability of the organisation.

The Commission was required to determine whether the agreement was fair and reasonable in all respects, including whether it was likely to promote harmonious, productive and economic relationships between the employer and employees. The Commission noted that the agreement contained terms that were generally consistent with industry standards and practices, and that there were no significant departures from the applicable award. The Commission also noted that the agreement contained provisions that were designed to promote flexibility and productivity, which were important considerations in the current economic climate.

Having considered all of the evidence and arguments presented to it, the Commission was satisfied that the agreement was fair and reasonable in all respects. The Commission noted that the agreement contained provisions that were designed to promote harmonious and productive relationships between the employer and employees, and that it was likely to contribute to the ongoing viability of the organisation. The Commission therefore approved the agreement.

The Fair Work Commission approved the Ruah Community Services Enterprise Agreement 2017, subject to certain modifications to ensure compliance with the relevant legislation. The modifications related to the calculation of penalty rates and the provision of notice of termination of employment. The union and the employer were directed to implement the modified agreement within 30 days of the Commission's decision.

Ruah Community Services

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established