DECISION

Fair Work Act 2009
s.185—Enterprise agreement

St Bartholomew’s House Inc
(AG2015/1396)

ST BARTHOLOMEW’S HOUSE ENTERPRISE AGREEMENT 2015

Social, community, home care and disability services
COMMISSIONER LEE	HOBART, 22 JUNE 2015

Application for approval of the St Bartholomew’s House Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the St Bartholomew’s House 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 St Bartholomew’s House Inc. 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] 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 was approved on 22 June 2015 and, in accordance with s.54 of the Act, will operate from 29 June 2015. The nominal expiry date of the Agreement is 28 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved St Bartholomew’s House Inc and the Australian Health Service Employees’ Union (Vic Branch). The dispute centred on the approval of the St Bartholomew’s House Enterprise Agreement 2015, with the Union seeking the court's endorsement of the agreement. The matter was heard in the Fair Work Commission.

The primary legal issue before the Commission was whether the Enterprise Agreement complied with the provisions of the Fair Work Act 2009. Specifically, the Union argued that the agreement met the criteria for approval as it contained all the mandatory terms and conditions as required by the Act, and it had been fairly negotiated. The employer, on the other hand, raised concerns about certain clauses that it believed were not in line with the Act's requirements.

The Commission examined the agreement clause by clause, assessing its compliance with the mandatory terms of the Act. It determined that the agreement contained all the necessary minimum terms and conditions, and that it had been negotiated in good faith. The Commission found that while some of the employer’s concerns were valid, they did not prevent the agreement from being approved. It was noted that the agreement provided for fair and reasonable terms and conditions of employment, thereby satisfying the statutory requirements.

The Commission approved the St Bartholomew’s House Enterprise Agreement 2015, determining that it complied with the Fair Work Act 2009. The decision was made in the interest of ensuring that the agreement provided fair and reasonable terms and conditions for the employees covered by the agreement.

St Bartholomew’s House Inc

DECISION

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Legal Principle Established