DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Safe Places Community Services Limited t/a Safe Places For Children
(AG2016/4005)

SAFE PLACES FOR CHILDREN ENTERPRISE AGREEMENT NSW, VIC, SA, TAS, ACT, NT 2016

Social, community, home care and disability services
COMMISSIONER SAUNDERS	NEWCASTLE, 27 SEPTEMBER 2016

Application for approval of the Safe Places for Children Enterprise Agreement NSW, VIC, SA, TAS, ACT, NT 2016.

[1] An application has been made for approval of an enterprise agreement known as the Safe Places for Children Enterprise Agreement NSW, VIC, SA, TAS, ACT, NT 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Safe Places Community Services Limited t/a Safe Places For Children. 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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 October 2016. The nominal expiry date of the Agreement is 18 April 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved Safe Places Community Services Limited, trading as Safe Places For Children, which sought approval for the Safe Places for Children Enterprise Agreement NSW, VIC, SA, TAS, ACT, NT 2016. The application was made under the Fair Work Act 2009, with the Fair Work Commission (FWC) hearing the matter. The primary issue before the FWC was whether the agreement met the requirements for approval under the Act, specifically focusing on whether the agreement was fair and balanced in terms of its coverage, classification, and provisions regarding wages and conditions.

The FWC undertook a comprehensive review of the agreement, considering the submissions from both parties. The court examined whether the agreement provided for fair and reasonable terms and conditions, taking into account the needs of the employees and the operational requirements of the employer. It also assessed whether the agreement was made in good faith and whether it complied with the relevant provisions of the Fair Work Act. After carefully reviewing the evidence and submissions, the FWC concluded that the agreement was fair and balanced, meeting all statutory requirements. Consequently, the FWC approved the Safe Places for Children Enterprise Agreement NSW, VIC, SA, TAS, ACT, NT 2016, making it a legally binding instrument between the employer and the employees.

Safe Places Community Services Limited t/a Safe Places For Children

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established