DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Service One Mutual Limited T/A Service One
(AG2016/4045)

SERVICE ONE MUTUAL LIMITED STAFF ENTERPRISE AGREEMENT 2016

Australian Capital Territory
DEPUTY PRESIDENT DEAN	SYDNEY, 16 SEPTEMBER 2016

Application for approval of the SERVICE ONE Mutual Limited Staff Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the SERVICE ONE Mutual Limited Staff Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Service One Mutual Limited T/A Service One. The agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, 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.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Finance Sector Union of Australia, 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[6] The Agreement is approved and, in accordance with s.54, will operate from 23 September 2016. The nominal expiry date of the Agreement is 30 June 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter involved Service One Mutual Limited, trading as Service One, and its employees, who were members of the relevant union. The dispute pertained to the application for approval of the Service One Mutual Limited Staff Enterprise Agreement 2016. The case was heard in the Fair Work Commission, where the primary focus was on determining whether the agreement met the necessary legal criteria for approval under the Fair Work Act 2009.

The central legal issues before the Commission involved verifying that the agreement complied with the statutory requirements, ensuring it contained the mandated minimum terms and conditions, and confirming that the agreement was made in good faith and without coercion. Additionally, the Commission had to consider whether the process through which the agreement was negotiated was fair and transparent, and if the agreement addressed the interests of both the employer and the employees adequately.

The Fair Work Commission found that the agreement in question satisfied all the statutory requirements. The Commission was satisfied that the agreement contained the minimum terms and conditions as stipulated by the Act, and it was evident that the agreement had been made in good faith without any coercion. Furthermore, the process of negotiation was deemed to be fair and transparent, with appropriate representation from both the employer and the employees. The Commission concluded that the agreement appropriately balanced the interests of both parties, leading to the approval of the Service One Mutual Limited Staff Enterprise Agreement 2016.

No further orders were required as the agreement was approved in its entirety. The decision provided clarity and certainty for both Service One Mutual Limited and its employees regarding the terms and conditions of their employment moving forward.

Service One Mutual Limited T/A Service One

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established