DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Sexual Health information networking and education South Australia Incorporated T/A SHine SA
(AG2016/7346)

SEXUAL HEALTH INFORMATION NETWORKING & EDUCATION SA (SHINE SA) INCORPORATED AND AUSTRALIAN SERVICES UNION SA & NT BRANCH (ASU) ADMINISTRATIVE ENTERPRISE AGREEMENT 2016

Health and welfare services
COMMISSIONER GREGORY	MELBOURNE, 31 JANUARY 2017

Application for approval of the Sexual Health information networking & education SA (SHine SA) Incorporated and Australian Services Union SA & NT Branch (ASU) Administrative Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Sexual Health information networking & education SA (SHine SA) Incorporated and Australian Services Union SA & NT Branch (ASU) Administrative 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 Sexual Health information networking and education South Australia Incorporated T/A Shine SA. 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, 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.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.

[5] The Australian 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 February 2017. The nominal expiry date of the Agreement is 6 February 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the case before the Fair Work Commission, Sexual Health information networking and education South Australia Incorporated trading as SHine SA was the applicant, seeking approval for the Australian Services Union SA & NT Branch (ASU) Administrative Enterprise Agreement 2016. The dispute arose from the need to formally recognise and regulate the terms and conditions of employment for certain employees within SHine SA. The Commission was tasked with examining the fairness and compliance of the proposed agreement with relevant legislative standards.

The primary legal issues before the Commission involved determining whether the agreement met the statutory requirements for approval, including its compliance with the Fair Work Act 2009 and the Fair Work Regulations 2009. The Commission had to assess whether the agreement provided for fair and reasonable terms and conditions of employment, and whether it adequately addressed the needs of both the employer and employees, particularly in relation to the classification and remuneration of positions.

After thorough examination of the agreement, the Commission found that the proposed enterprise agreement was fair and reasonable in all respects. The agreement was deemed to provide adequate protection for employees, ensuring fair classification and remuneration, while also meeting the needs of the employer to maintain operational flexibility and efficiency. The Commission highlighted the balance achieved in the agreement, noting the consideration given to both parties' interests and the provisions' compliance with the applicable laws.

The final order of the Commission was to approve the Australian Services Union SA & NT Branch (ASU) Administrative Enterprise Agreement 2016 as presented by Sexual Health information networking and education South Australia Incorporated trading as SHine SA. This approval ensures that the agreement is legally binding and enforceable between the parties involved.

Sexual Health information networking and education South Australia Incorporated T/A SHine SA

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established