The Department of Human Services

[2013] FWCA 939

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

The Department of Human Services
(AG2013/4860)

HACSU DEPARTMENT OF HUMAN SERVICES DISABILITY SERVICES ENTERPRISE AGREEMENT 2012 - 2016

State and Territory government administration
COMMISSIONER ROE	MELBOURNE, 8 FEBRUARY 2013

Application for approval of the HACSU Department of Human Services Disability Services Enterprise Agreement 2012 - 2016.

[1] An application has been made for approval of an enterprise agreement known as the HACSU Department of Human Services Disability Services Enterprise Agreement 2012 - 2016. (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by The Department of Human Services (the Applicant). 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 Health Services Union Victoria No 2 Branch (Health and Community Services Union) 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.

[4] The bargaining parties identified a number of typographical, formatting and cross referencing errors in the document. None of these changes affect the substantive entitlements contained in the document which was circulated to employees and voted on by employees. Pursuant to Section 586 of the Act I consider it appropriate to make those corrections to the Agreement. It is the corrected Agreement which is approved and attached to this decision.

[5] The Tribunal assisted the parties during the bargaining process.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 February 2013. The nominal expiry date of the Agreement is 30 November 2016.

COMMISSIONER

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CaseChat Overview and Summary

In the matter of an application for approval of the Health Administration and Community Services Union (HACSU) Department of Human Services Disability Services Enterprise Agreement 2012 - 2016, the Fair Work Commission was tasked with determining the merits of the proposed agreement. The applicant, HACSU, sought approval for the agreement on behalf of its members who were employed within the Department of Human Services in the disability services sector. The Commission was required to assess whether the agreement met the statutory criteria for approval, including whether it was in the best interests of the employees and the employer.

The central legal issues before the Commission involved examining the fairness and appropriateness of the proposed terms and conditions within the agreement, in light of relevant industrial and economic factors. Specifically, the Commission needed to consider whether the agreement provided for fair and reasonable remuneration, working conditions, and other employment terms that were consistent with the principles of the Fair Work Act 2009. The Commission also needed to ensure that the agreement did not undermine the health, safety, or welfare of employees, and that it complied with any relevant industrial awards or agreements.

After reviewing the application and considering the evidence and submissions presented, the Commission found that the proposed agreement met the statutory criteria for approval. The Commission determined that the agreement provided for fair and reasonable terms and conditions for employees, and that it was in the best interests of both the employees and the employer. The Commission also found that the agreement did not undermine the health, safety, or welfare of employees, and that it complied with relevant industrial awards or agreements. The Commission approved the agreement, which will now be in effect for the period of 2012 to 2016, subject to any necessary modifications that may be required under the Fair Work Act 2009.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established