Supported Tenancy, Accommodation and Respite Tasmania Inc Summary

[2013] FWCA 9825

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Supported Tenancy, Accommodation and Respite Tasmania Inc
(AG2013/11425)

HACSU - SUPPORTED TENANCY ACCOMMODATION AND RESPITE (STAR) TASMANIA ENTERPRISE AGREEMENT 2013

Tasmania
COMMISSIONER LEE	MELBOURNE, 13 DECEMBER 2013

Application for approval of the HACSU - Supported Tenancy Accommodation and Respite (STAR) Tasmania Enterprise Agreement 2013.

[1] An application has been made for approval of a single-enterprise agreement known as the HACSU - Supported Tenancy Accommodation and Respite (STAR) Tasmania Enterprise Agreement 2013 (the Agreement). The application was made by Supported Tenancy, Accommodation and Respite Tasmania Inc (the Applicant) pursuant to s.185 of the Fair Work Act 2009 (the Act).

[2] The Applicant has provided a written undertaking. A copy of the undertaking given is attached to this decision at Annexure A. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement.

[3] The undertaking now forms part of the Agreement and a copy will be kept on the file. A copy of the undertaking should be circulated to all employees and attached to all copies of the Agreement subsequently produced or used by the parties.

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

[5] 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) of the Act, I note that the Agreement covers the organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 December 2013. The nominal expiry date of the Agreement is 30 June 2015.

COMMISSIONER

Annexure A:

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves the Supported Tenancy, Accommodation and Respite Tasmania Inc (STAR) and the Health Assistants, Carers and Support Workers Union of Tasmania (HACSU). The parties sought approval for the HACSU - STAR Tasmania Enterprise Agreement 2013. This agreement pertains to the terms and conditions of employment for workers within the supported tenancy, accommodation, and respite sectors in Tasmania. The matter was heard in the Fair Work Commission of Australia.

The primary legal issues before the court were whether the proposed enterprise agreement complied with the relevant provisions of the Fair Work Act 2009. This included verifying that the agreement met the criteria for being a "single-enterprise agreement," ensuring it did not include prohibited content, and confirming that the necessary consultation requirements were satisfied. The court also needed to assess if the agreement was fair and reasonable, taking into account the principles of the national workplace relations system.

The Fair Work Commission examined the agreement thoroughly, considering the submissions from both parties and relevant legislative frameworks. The court found that the proposed agreement was compliant with the Fair Work Act 2009, as it adhered to the requirements for a single-enterprise agreement and did not contain any prohibited content. The consultation processes were deemed adequate, and the agreement was considered fair and reasonable, reflecting the balance of interests of both employers and employees within the specified sectors. The commission approved the agreement, recognising its appropriateness in the context of the supported tenancy, accommodation, and respite industry.

No further orders were required as the agreement was approved in its entirety. The approval of the HACSU - STAR Tasmania Enterprise Agreement 2013 ensures that the terms and conditions of employment are legally binding and enforceable for the parties involved.

Supported Tenancy, Accommodation and Respite Tasmania Inc

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established