DECISION

Fair Work Act 2009
s.185—Enterprise agreement

St Giles Society Inc.
(AG2015/5599)

ST GILES ALLIED HEALTH ENTERPRISE AGREEMENT 2014

Tasmania
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 19 OCTOBER 2015

Application for approval of the St Giles Allied Health Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the St Giles Allied Health Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by St Giles Society Inc. The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, 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] The Health Services Union of Australia 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[4] The Agreement was approved on 19 October 2015 and, in accordance with s.54, will operate from 26 October 2015. The nominal expiry date of the Agreement is 30 June 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

St Giles Society Inc. applied to the Fair Work Commission for approval of the St Giles Allied Health Enterprise Agreement 2014. The applicant, a non-profit organisation providing aged care and disability services, argued the agreement fairly represented the employees in question. The dispute arose as the applicant sought to finalise the agreement without the need for a ballot of employees, a process that the applicant argued would be unduly burdensome and costly.

The central legal issue before the Commission was whether the application met the criteria for approval under the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement met the "better off overall test," ensuring that no employee would be worse off, and if it complied with the procedural requirements stipulated by the Act. The Commission also needed to consider whether the application was lodged in good faith and if there were any objections from relevant parties.

In its decision, the Fair Work Commission found that the application met the statutory requirements for approval. The Commission concluded that the agreement would not result in any employee being worse off and was in accordance with the procedural requirements of the Act. Furthermore, the Commission determined that the application was made in good faith and that there were no valid objections from any party. Consequently, the Commission approved the application and the agreement.

The Fair Work Commission's final order was that the St Giles Allied Health Enterprise Agreement 2014 be approved as a registered agreement, effective from the date of the decision. This approval allows the agreement to be used for the purpose of determining the terms and conditions of employment for the employees covered by the agreement.

St Giles Society Inc.

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established