DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Sexual Assault and Family Violence Centre Inc T/As The Sexual Assault and Family Violence Centre
(AG2018/5847)

THE SEXUAL ASSAULT AND FAMILY VIOLENCE CENTRE ENTERPRISE AGREEMENT 2018

Social, community, home care and disability services
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 25 MARCH 2019

Application for approval of The Sexual Assault and Family Violence Centre Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as The Sexual Assault and Family Violence Centre Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Helen Bolton on behalf of The Sexual Assault and Family Violence Centre Inc T/As The Sexual Assault and Family Violence Centre. The Agreement is a single enterprise agreement.

[2] 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 Australian Municipal, Administrative, Clerical and Services Union (ASU) and the Health Services Union (HSU) being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 April 2019. The nominal expiry date of the Agreement is 1 July 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Sexual Assault and Family Violence Centre Inc, trading as The Sexual Assault and Family Violence Centre, applied to the Fair Work Commission for approval of its Enterprise Agreement 2018. The agreement sought to regulate terms and conditions of employment for employees covered by the agreement. The dispute centred around the validity and enforceability of the agreement under the Fair Work Act 2009. The Fair Work Commission, with its jurisdiction provided by the Fair Work Act, was tasked with determining whether the agreement met the legal requirements for approval.

The central legal issues before the Commission were whether the agreement had been made in accordance with the mandatory requirements of the Fair Work Act, and whether it contained the minimum terms and conditions mandated by the Act. Specifically, the Commission had to assess whether the agreement had been negotiated in good faith, whether it covered all necessary matters, and whether it included the minimum entitlements prescribed by the Act. The Commission also needed to consider whether the agreement was free from any illegality or contravention of the Act.

The Fair Work Commission found that the agreement had been made in good faith and covered all necessary matters. It determined that the agreement contained the minimum terms and conditions required by the Fair Work Act, and that it did not contravene any provisions of the Act. The Commission also concluded that the agreement was free from any illegality. Based on these findings, the Commission approved the Enterprise Agreement 2018, making it legally binding on the parties. The decision confirmed the validity and enforceability of the agreement, providing clarity and certainty for both the employer and the employees involved.

The Sexual Assault and Family Violence Centre Inc T/As The Sexual Assault and Family Violence Centre

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established