DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Spectrum Organization Association Inc T/A Spectrum Organization Association Inc
(AG2019/2356)

THE SPECTRUM ORGANIZATION ASSOCIATION INC. SUPPORT WORKERS ENTERPRISE AGREEMENT 2019

Social, community, home care and disability services
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 13 SEPTEMBER 2019

Application for approval of The Spectrum Organization Association Inc. Support Workers Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as The Spectrum Organization Association Inc. Support Workers Enterprise Agreement 2019 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings (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] Pursuant to subsection 190(3) of the Act, I accept the Undertakings. The Undertakings are taken to be a term of the Agreement.

[4] Subject to the Undertakings, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 as are relevant to this application for approval have been met.

[5] The Agreement is approved and, in accordance with section 54 of the Act, will operate from 20 September 2019. The nominal expiry date of the Agreement is 12 September 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter involved The Spectrum Organization Association Inc., trading as Spectrum Organization Association Inc., which sought approval of The Spectrum Organization Association Inc. Support Workers Enterprise Agreement 2019. The application was brought before the Fair Work Commission. The dispute centred around the adequacy and fairness of the proposed enterprise agreement, specifically whether it complied with the relevant legislative provisions and met the standards of procedural and substantive fairness.

The primary legal issues before the Commission were whether the agreement provided for the appropriate minimum terms and conditions for the employees, and whether the process by which the agreement was negotiated and finalised was procedurally fair. Key considerations included the extent to which the agreement fulfilled the statutory requirements for minimum entitlements, and whether there was evidence of genuine agreement between the parties. The Commission also needed to assess whether the agreement was made in good faith and whether it complied with the procedural fairness mandated by the Fair Work Act.

In reaching its decision, the Commission examined the process of agreement-making, the content of the agreement, and the evidence of support from the employees. The Commission found that the agreement was procedurally fair, as it was the result of genuine bargaining between the parties. The content of the agreement was deemed to meet the minimum standards set by the legislation, providing adequate terms and conditions for the employees. Consequently, the Commission approved the agreement, finding it to be fair and reasonable. The decision highlighted the importance of compliance with legislative requirements and the need for genuine negotiation processes in the formation of enterprise agreements.

The Fair Work Commission approved The Spectrum Organization Association Inc. Support Workers Enterprise Agreement 2019, confirming its compliance with the statutory requirements and its fairness in terms of both process and content.

Spectrum Organization Association Inc T/A Spectrum Organization Association Inc

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established