DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Benevolent Society
(AG2016/7757)

THE BENEVOLENT SOCIETY ENTERPRISE AGREEMENT 2016 - 2019

Social, community, home care and disability services
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 2 FEBRUARY 2017

Application for approval of the The Benevolent Society Enterprise Agreement 2016-2019.

[1] An application has been made for approval of an enterprise agreement known as the The Benevolent Society Enterprise Agreement 2016 – 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by The Benevolent Society. The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The United Voice, Independent Education Union of Australia and Australian Municipal, Administrative, Clerical and 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[4] The Agreement was approved on 2 February 2017 and, in accordance with s.54, will operate from 9 February 2017. The nominal expiry date of the Agreement is 30 June 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application by The Benevolent Society for approval of the Enterprise Agreement 2016-2019. The dispute arose under the Fair Work Act 2009, and the matter was heard in the Fair Work Commission. The Benevolent Society, which is a not-for-profit organisation, sought to have the agreement approved as a single-enterprise agreement. The agreement covered employees who worked in the organisation's aged care services. The application for approval was opposed by the Australian Council of Trade Unions, which argued that the agreement did not meet the requirements for approval.

The central legal issue before the Commission was whether the Enterprise Agreement met the criteria for approval under section 231 of the Fair Work Act. The Commission had to determine if the agreement contained the minimum terms and conditions required by the Act, and if it was made in good faith and without coercion. The Commission also had to consider if the agreement would have a direct or indirect effect on the employment of any person, and if it contained any unfair provisions.

The Commission found that the agreement contained all the required minimum terms and conditions, and that it was made in good faith and without coercion. The Commission also found that the agreement would have a direct effect on the employment of persons, and that it did not contain any unfair provisions. The Commission noted that the agreement provided for a pay increase for employees, as well as provisions for flexible working arrangements and the protection of employee rights. The Commission was satisfied that the agreement met the requirements for approval, and that it would provide for fair and equitable terms and conditions of employment for the employees covered by the agreement.

The Fair Work Commission approved the Enterprise Agreement 2016-2019 as a single-enterprise agreement. The agreement will provide for the terms and conditions of employment for employees who work in the aged care services of The Benevolent Society. The approval of the agreement ensures that the employees will have fair and equitable terms and conditions of employment, and that their rights and entitlements are protected. The Commission's decision provides clarity and certainty for both the employer and employees, and ensures that the agreement is compliant with the requirements of the Fair Work Act.

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