Safe Steps Family Violence Response Centre Inc

Case [2016] FWCA 2446


[2016] FWCA 2446

DECISION

Fair Work Act 2009
s.185—Enterprise agreement
Safe Steps Family Violence Response Centre Inc
(AG2016/2684)

SAFE STEPS FAMILY VIOLENCE RESPONSE CENTRE SOCIAL AND

COMMUNITY SERVICES EMPLOYEES ENTERPRISE AGREEMENT

2015 - 2019

Social, community, home care and disability services

COMMISSIONER SAUNDERS NEWCASTLE, 19 APRIL 2016

Application for approval of the safe steps Family Violence Response Centre Social and

Community Services Employees Enterprise Agreement 2015 - 2019.

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

safe steps Family Violence Response Centre Social and Community Services Employees

Enterprise Agreement 2015 - 2019 (the Agreement). The application was made pursuant to

s.185 of the Fair Work Act 2009 (the Act). It has been made by Safe Steps Family Violence

Response Centre Inc. 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]        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.
[2016] FWCA 2446

[7]        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.

[8]        The Agreement is approved and, in accordance with s.54 of the Act, will operate from

26 April 2016. The nominal expiry date of the Agreement is 19 April 2020.

COMMISSIONER

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[2016] FWCA 2446

Annexure A

Details
AGLC
Safe Steps Family Violence Response Centre Inc [2016] FWCA 2446
Case
[2016] FWCA 2446
Decision Date

CaseChat Overview and Summary

Safe Steps Family Violence Response Centre Inc applied for approval of an enterprise agreement between itself and its employees, under section 185 of the Fair Work Act 2009. The application related to the Safe Steps Family Violence Response Centre Social and Community Services Employees Enterprise Agreement 2015 - 2019. The application was heard by Commissioner Saunders in the Fair Work Commission, in Newcastle, on 19 April 2016. The legal issues before the Commission included whether the application for approval met the requirements of the Fair Work Act 2009 and whether the employer had provided undertakings that did not cause financial detriment to the employees or result in substantial changes to the agreement.

The Commissioner accepted the employer's written undertakings, which did not cause financial detriment to any employee covered by the Agreement or result in substantial changes to the Agreement. The Commissioner also considered the views of each person who the Fair Work Commission knew was a bargaining representative for the Agreement. The Commissioner was satisfied that each of the requirements of sections 186, 187, 188 and 190 of the Fair Work Act 2009, as relevant to this application for approval, had been met. The model flexibility term prescribed by the Fair Work Regulations 2009 was taken to be a term of the Agreement. The Australian Municipal, Administrative, Clerical and Services Union, a bargaining representative for the Agreement, had given notice that it wanted the Agreement to cover it. The Agreement was approved and will operate from 26 April 2016. The nominal expiry date of the Agreement is 19 April 2020.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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