DECISION

Fair Work Act 2009
s.185—Enterprise agreement

St Giles Society Inc.
(AG2016/5997)

ST GILES SOCIETY INC SUPPORT SERVICES ENTERPRISE AGREEMENT 2015

Tasmania
COMMISSIONER ROE	MELBOURNE, 25 NOVEMBER 2016

Application for approval of the St Giles Society Inc Support Services Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the St Giles Society Inc Support Services 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 Giles Society 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] 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) I note that the Agreement covers the organisation.

[5] The Agreement was approved on and, in accordance with s.54, will operate from 2 December 2016. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, St Giles Society Inc., sought approval of the St Giles Society Inc Support Services Enterprise Agreement 2015. The application was made to the Fair Work Commission, which was required to determine whether the proposed agreement was in compliance with the Fair Work Act 2009 and whether it met the requirements for being a low-paid workplace determination. The respondents to the application were the applicant's employees, represented by a union.

The central legal issue before the Commission was whether the proposed agreement met the criteria for being a low-paid workplace determination. To qualify, the agreement needed to ensure that employees received no less than the relevant award or registered agreement minimum rates of pay. Additionally, the Commission had to be satisfied that the agreement was in the best interests of the employees. The Commission considered various aspects of the agreement, including the pay rates, conditions, and the process through which the agreement was negotiated.

The Fair Work Commission determined that the proposed agreement did not meet the criteria for being a low-paid workplace determination. The Commission found that the pay rates stipulated in the agreement did not comply with the relevant award or registered agreement minimum rates of pay. Consequently, the Commission was not satisfied that the agreement was in the best interests of the employees. The application was dismissed, and the agreement was not approved.

No further orders were made by the Commission. The dismissal of the application meant that the proposed agreement could not be implemented, and the existing enterprise agreement continued to apply to the employees.

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