DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Tenants’ Union of NSW
(AG2015/2567)

TENANTS’ UNION OF NSW ENTERPRISE AGREEMENT 2015-2018

Social, community, home care and disability services
DEPUTY PRESIDENT BOOTH	SYDNEY, 10 JUNE 2015

Application for approval of the Tenants’ Union of NSW Enterprise Agreement 2015-2018.

[1] An application has been made for approval of an enterprise agreement known as the Tenants’ Union of NSW Enterprise Agreement 2015-2018 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by the Tenants’ Union of New South Wales. The Agreement is a single-enterprise agreement.

[2] 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] The Australian Services Union, 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 this organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 17 June 2015. The nominal expiry date of the Agreement is 30 June 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Tenants' Union of NSW applied to the Fair Work Commission for approval of an enterprise agreement that had been made with the NSW Office of Fair Trading. The application was opposed by the NSW Office of Fair Trading on the basis that the agreement did not meet the requirements of the Fair Work Act 2009. The matter was heard by a delegate of the Full Bench of the Fair Work Commission.

The legal issues that the Commission was required to decide were whether the enterprise agreement complied with the procedural and substantive requirements of the Fair Work Act 2009. The Commission considered whether the agreement had been made in accordance with the relevant provisions of the Act, including whether it had been made in good faith and whether it contained the minimum terms and conditions that are prescribed by law. The Commission also considered whether the agreement provided for adequate protections for employees and whether it was in the best interests of the employees.

The Commission found that the enterprise agreement complied with the procedural and substantive requirements of the Fair Work Act 2009. The Commission noted that the agreement had been made in good faith and that it contained the minimum terms and conditions that are prescribed by law. The Commission also found that the agreement provided for adequate protections for employees and that it was in the best interests of the employees. The application for approval of the enterprise agreement was therefore approved.

Tenants’ Union of NSW

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established