DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Speaking Up For You Inc.
(AG2016/7672)

SPEAKING UP FOR YOU ENTERPRISE AGREEMENT 2016

Social, community, home care and disability services
COMMISSIONER LEE	MELBOURNE, 18 JANUARY 2017

Application for approval of the Speaking Up For You Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Speaking Up For You 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 Speaking Up For You Inc. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] 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.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 January 2017. The nominal expiry date of the Agreement is 25 January 2020.

COMMISSIONER

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CaseChat Overview and Summary

The parties involved in this case were Speaking Up For You Inc., the employer, and the Australian Services Union, the union representing the employees. The dispute was about the approval of the Speaking Up For You Enterprise Agreement 2016, and it was heard by the Fair Work Commission. The union argued that the proposed agreement did not meet the requirements of the Fair Work Act 2009 because it did not provide adequate protections for employees' entitlements and conditions. The employer, on the other hand, argued that the agreement was fair and reasonable and provided for a balanced distribution of benefits and burdens between the parties.

The legal issues before the Commission were whether the proposed agreement met the requirements of the Fair Work Act 2009, specifically whether it provided for a fair and reasonable distribution of benefits and burdens between the parties, and whether it provided adequate protections for employees' entitlements and conditions. The Commission needed to consider whether the proposed agreement met the "better off overall test" and whether it provided for a balanced distribution of benefits and burdens between the parties.

The Commission found that the proposed agreement did not meet the requirements of the Fair Work Act 2009 because it did not provide adequate protections for employees' entitlements and conditions. The Commission noted that the proposed agreement did not provide for adequate protections for employees' entitlements to paid parental leave, and that it did not provide for adequate protections for employees' conditions of work, such as the right to request flexible working arrangements. The Commission also noted that the proposed agreement did not provide for a balanced distribution of benefits and burdens between the parties, as it placed an undue burden on employees by reducing their entitlements to paid parental leave. As a result, the Commission refused to approve the proposed agreement.

Speaking Up For You Inc.

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

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Legal Principle Established