St Kilda Community Housing Ltd Summary

[2014] FWCA 1269

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

St Kilda Community Housing Ltd
(AG2014/5)

ST KILDA COMMUNITY HOUSING LTD ENTERPRISE AGREEMENT 2013-2016

Social, community, home care and disability services
COMMISSIONER JOHNS	MELBOURNE, 21 FEBRUARY 2014

Application for approval of the St Kilda Community Housing Ltd Enterprise Agreement 2013-2016.

[1] On 2 January 2014 St Kilda Community Housing Ltd (Applicant) made an application for approval of the St Kilda Community Housing Ltd Enterprise Agreement 2013-2016 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single-enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] The Applicant has provided written undertakings. The undertakings are in respect of pay rates for Level 4.1 and 4.2 employees and ensure compliance with new requirements relating to superannuation provisions. A copy of the undertakings is attached as Annexure A. The Commission is 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. In any case, the employee bargaining representative has signed the undertakings to indicate their support.

[4] Subject to the undertakings referred to above, the Commission is satisfied that each of the requirements of ss 186, 187, 188 and 190, as are relevant to this application for approval, have been met.

[5] The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 28 February 2014. The nominal expiry date of the Agreement is 30 June 2016.

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 the approval of the St Kilda Community Housing Ltd Enterprise Agreement 2013-2016. The application was made by the employer, and the agreement was entered into between the employer and its employees represented by the National Tertiary Education Union. The dispute centred on the terms and conditions of employment for the employees covered by the agreement.

The primary legal issue the court had to decide was whether the proposed enterprise agreement complied with the relevant provisions of the Fair Work Act 2009. Specifically, the court needed to determine if the agreement met the "better off overall test" and whether it contained any terms that were contrary to the Fair Work Act or were otherwise invalid.

The Fair Work Commission found that the agreement complied with the "better off overall test" as it provided for a combination of wage increases and other benefits that were favourable to the employees. The Commission also found that all terms of the agreement were valid and not contrary to the Fair Work Act. The court approved the enterprise agreement, noting that it provided for a fair and reasonable outcome for both the employer and the employees.

No further orders were made by the court. The decision of the Fair Work Commission was final and binding on both parties. The approved enterprise agreement would now govern the terms and conditions of employment for the employees covered by the agreement until it expired or was replaced by a new agreement.

St Kilda Community Housing Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established