DECISION

Fair Work Act 2009
s.185—Enterprise agreement

St John of God Outreach Services Ltd T/A St John of God Accord
(AG2018/2346)

ST JOHN OF GOD ACCORD RESIDENTIAL SERVICES ENTERPRISE AGREEMENT 2018

Social, community, home care and disability services
COMMISSIONER GREGORY	MELBOURNE, 5 MARCH 2019

Application for approval of the St John of God Accord Residential Services Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the St John of God Accord Residential Services Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by St John of God Outreach Services Ltd T/A St John of God Accord. The Agreement is a single enterprise agreement.

[2] The Employer 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 application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[5] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] 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.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 March 2019. The nominal expiry date of the Agreement is 31 March 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

St John of God Outreach Services Limited, trading as St John of God Accord, applied for approval of the St John of God Accord Residential Services Enterprise Agreement 2018. The application was heard by the Fair Work Commission. The dispute involved the terms and conditions of employment for employees under the proposed agreement, specifically concerning classification and wage rates.

The legal issues before the commission were whether the agreement complied with the requirements of the Fair Work Act 2009, including whether it met the "better off overall test" and was free from prohibited content. The commission had to assess if the proposed agreement provided employees with outcomes that were at least as good as their current conditions or the applicable award, and if it contained any terms that were contrary to the objects of the Act.

The Fair Work Commission found that the agreement was compliant with the requirements of the Act. It met the better off overall test, as employees under the agreement would be no worse off and in some cases better off financially and in terms of conditions. The commission also determined that the agreement did not contain any prohibited content and was consistent with the objectives of the Act. Consequently, the application for approval was successful.

The Fair Work Commission approved the St John of God Accord Residential Services Enterprise Agreement 2018. The approved agreement will now govern the employment conditions of the relevant employees, replacing the previous conditions or applicable award.

St John of God Outreach Services Ltd T/A St John of God Accord

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established