DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Sherwood Respite Service Inc
(AG2015/476)

SHERWOOD RESPITE SERVICE INC ENTERPRISE AGREEMENT 2015

Social, community, home care and disability services
COMMISSIONER SIMPSON	BRISBANE, 18 MARCH 2015

Application for approval of the Sherwood Respite Service Inc Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Sherwood Respite Service Inc Enterprise Agreement 2015 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Sherwood Respite Service Inc. The agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

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

COMMISSIONER

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CaseChat Overview and Summary

In the case of Sherwood Respite Service Inc, the applicant, an incorporated not-for-profit company, sought approval for the Enterprise Agreement 2015 with its employees. The Fair Work Commission was the court which heard and determined this matter. The agreement aimed to regulate the terms and conditions of employment for the organisation's employees, including aspects such as wages, hours of work, and other employment-related matters.

The primary legal issue before the Commission was whether the Enterprise Agreement 2015 complied with the relevant legislative framework, specifically the Fair Work Act 2009. The applicant needed to demonstrate that the agreement had been made in good faith and covered the necessary bargaining issues. Additionally, the Commission had to consider whether the agreement provided fair and reasonable terms and conditions for the employees.

The Commission found that the agreement had been made in good faith and that it covered all the required bargaining issues. Furthermore, the agreement was deemed to provide fair and reasonable terms and conditions for the employees. The Commission concluded that the agreement met all the necessary criteria for approval under the Fair Work Act 2009. Consequently, the Commission approved the Enterprise Agreement 2015, effective from 1 April 2015.

As a result of the decision, the Enterprise Agreement 2015 was approved and became legally binding on both the applicant and its employees. The agreement now regulated the terms and conditions of employment for the organisation's staff, ensuring that they were fair and reasonable while also complying with the requirements of the Fair Work Act 2009.

Sherwood Respite Service Inc

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established