DECISION

Fair Work Act 2009
s.185—Enterprise agreement

St Vincent de Paul Society Canberra/Goulburn Incorporated T/A St Vincent de Paul Society
(AG2017/5137)

ST VINCENT DE PAUL SOCIETY CANBERRA/GOULBURN ENTERPRISE AGREEMENT 2017 - 2020

Australian Capital Territory
DEPUTY PRESIDENT KOVACIC	CANBERRA, 8 JUNE 2018

Application for approval of the St Vincent de Paul Society Canberra/Goulburn Enterprise Agreement 2017 - 2020.

[1] An application has been made for approval of an enterprise agreement known as the St Vincent de Paul Society Canberra/Goulburn Enterprise Agreement 2017 - 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by St Vincent de Paul Society Canberra/Goulburn Incorporated T/A St Vincent de Paul Society. The Agreement is a single enterprise agreement.

[2] Subject to concerns that have been addressed by way of undertakings, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] As noted, pursuant to s.190(3), I have accepted undertakings from St Vincent de Paul Society Canberra/Goulburn Incorporated T/A St Vincent de Paul Society. In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings are attached to this decision.

[4] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Australian Municipal, Administrative, Clerical and Services Union & Shop, Distributive and Allied Employees Association being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers these organisations.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 June 2018. The nominal expiry date of the Agreement is 30 December 2020.

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved St Vincent de Paul Society Canberra/Goulburn Incorporated, trading as St Vincent de Paul Society, and related to an application for the approval of the St Vincent de Paul Society Canberra/Goulburn Enterprise Agreement 2017-2020. The dispute was heard by the Fair Work Commission, which has the authority to approve enterprise agreements under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the agreement met the criteria for approval under the Act, specifically whether it provided for the fair and efficient resolution of workplace issues and did not undermine the protections of the safety net of minimum terms and conditions. The Commission also needed to determine if the agreement had been made in good faith and whether it allowed for the appropriate level of employee participation in its negotiation.

The Commission found that the agreement did provide for fair and efficient resolution of workplace issues and did not undermine the safety net. It was concluded that the agreement was made in good faith, with adequate employee participation. The Commission approved the enterprise agreement, noting that it met the statutory requirements and provided a fair outcome for both the employees and the employer. The approval was granted subject to certain conditions, including the requirement for the parties to undertake mediation if a dispute arose regarding the interpretation or application of the agreement.

St Vincent de Paul Society Canberra/Goulburn Incorporated T/A St Vincent de Paul Society

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established