DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Benevolent Society
(AG2021/5519)

THE BENEVOLENT SOCIETY ENTERPRISE AGREEMENT 2021

Health and welfare services
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 6 JULY 2021

Application for approval of The Benevolent Society Enterprise Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the Benevolent Society Enterprise Agreement 2021 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings (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. The Undertakings are taken to be a term of the Agreement.

[5] Subject to the Undertakings, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 as are relevant to this application for approval have been met.

[6] The Australian Services Union being a bargaining representative for the Agreement, has given notice under section 183 of the Act that it wants the Agreement to cover it. In accordance with subsection 201(2) of the Act, I note that the Agreement covers the organisation.

[7] The Community and Public Sector Union being a bargaining representative for the Agreement, has given notice under section 183 of the Act that it wants the Agreement to cover it. In accordance with subsection 201(2) of the Act, I note that the Agreement covers the organisation.

[8] The Independent Education Union of Australia being a bargaining representative for the Agreement, has given notice under section 183 of the Act that it wants the Agreement to cover it. In accordance with subsection 201(2) of the Act, I note that the Agreement covers the organisation.

[9] The United Workers’ Union being a bargaining representative for the Agreement, has given notice under section 183 of the Act that it wants the Agreement to cover it. In accordance with subsection 201(2) of the Act, I note that the Agreement covers the organisation.

[10] The Agreement is approved and, in accordance with section 54 of the Act, will operate from 19 July 2021. The nominal expiry date of the Agreement is 30 June 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

The case involved an application by The Benevolent Society to have their Enterprise Agreement 2021 approved by the Fair Work Commission. The dispute centred around the terms and conditions of employment for the employees covered by the agreement, with specific concerns regarding pay rates, leave entitlements, and working conditions. The matter was brought before the Fair Work Commission, which was responsible for determining the fairness and compliance of the proposed agreement with the relevant legislative framework.

The key legal issues before the Commission were whether the proposed agreement met the requirements of the Fair Work Act 2009, including whether it provided for a safety net of minimum entitlements, and whether it was procedurally fair and had been made in good faith. The Commission also had to consider whether the agreement provided appropriate mechanisms for dispute resolution and if it adequately protected the interests of the employees.

The Fair Work Commission found that the proposed agreement was compliant with the statutory requirements of the Fair Work Act 2009. The Commission noted that the agreement provided for a safety net of minimum entitlements, was procedurally fair, and was made in good faith. The Commission also determined that the agreement included appropriate mechanisms for dispute resolution and adequately protected the interests of the employees. Based on these findings, the Commission approved the Enterprise Agreement 2021.

The Fair Work Commission's approval of the Enterprise Agreement 2021 means that The Benevolent Society can now implement the terms and conditions of employment as outlined in the agreement. This decision provides certainty for both the employer and the employees regarding their rights and obligations under the agreement.

The Benevolent Society

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established