DECISION

Fair Work Act 2009
s.185—Enterprise agreement

St Kilda Community Housing Ltd
(AG2016/6179)

ST KILDA COMMUNITY HOUSING LTD ENTERPRISE AGREEMENT 2016

Social, community, home care and disability services
COMMISSIONER SAUNDERS	NEWCASTLE, 16 NOVEMBER 2016

Application for approval of the St Kilda Community Housing Ltd Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the St Kilda Community Housing Ltd Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by St Kilda Community Housing Ltd.The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings (the 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] The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

[4] Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

[5] Subject to the Undertakings, 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 November 2016. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

St Kilda Community Housing Ltd applied to the Fair Work Commission for approval of the St Kilda Community Housing Ltd Enterprise Agreement 2016. The application was made by the employer, St Kilda Community Housing Ltd, under section 231 of the Fair Work Act 2009. The dispute arose from negotiations between the employer and its employees represented by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The employees sought higher wages and better working conditions, while the employer argued that the proposed changes were financially unsustainable.

The primary legal issues the Fair Work Commission had to address were whether the proposed agreement met the criteria for registration under section 230 of the Fair Work Act 2009, and whether the agreement was in the best interests of the employees. The Commission needed to ensure that the agreement provided for fair and reasonable terms and conditions of employment, and that it did not undermine the protections afforded to employees under the National Employment Standards. The Commission also had to consider the financial implications of the proposed agreement for the employer.

In determining whether the agreement should be approved, the Fair Work Commission examined the evidence presented by both parties. The Commission found that the proposed agreement provided for terms and conditions of employment that were fair and reasonable, and that it did not undermine the protections provided by the National Employment Standards. The Commission also found that the agreement was in the best interests of the employees, as it provided for higher wages and improved working conditions. However, the Commission noted that the employer had expressed concerns about the financial sustainability of the proposed agreement. After carefully considering all the evidence, the Commission concluded that the proposed agreement met the criteria for registration and should be approved.

The Fair Work Commission approved the St Kilda Community Housing Ltd Enterprise Agreement 2016, subject to certain conditions. The Commission ordered that the agreement be registered with the Fair Work Ombudsman and that it would come into effect on the date of registration. The Commission also ordered that the agreement be amended to address the employer's concerns about financial sustainability, and that the parties enter into further negotiations to resolve any outstanding issues.

St Kilda Community Housing Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established