DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Townsend House Inc and Royal South Australian Deaf Society Inc T/A Can:Do Group
(AG2018/930)

TOWNSEND HOUSE INC & ROYAL SOUTH AUSTRALIAN DEAF SOCIETY INC ENTERPRISE AGREEMENT 2017

Social, community, home care and disability services
COMMISSIONER LEE	MELBOURNE, 9 OCTOBER 2018

Application for approval of the Townsend House Inc & Royal South Australian Deaf Society Inc Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Townsend House Inc & Royal South Australian Deaf Society Inc Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Townsend House Inc and Royal South Australian Deaf Society Inc T/A Can:Do Group. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Association of Professional Engineers, Scientists and Managers, Australia 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) I note that the Agreement covers the organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 October 2018. The nominal expiry date of the Agreement is 1 May 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case before the court involved Townsend House Inc and Royal South Australian Deaf Society Inc trading as Can:Do Group, with the dispute centering on the application for approval of the 2017 Enterprise Agreement. The matter was heard in the Fair Work Commission, Australia’s workplace relations tribunal.

The primary legal issues that the court needed to address included whether the agreement was in the best interests of the employees and whether it complied with the relevant provisions of the Fair Work Act 2009. The court also had to determine if the agreement met the criteria for approval under the legislation, particularly considering the provisions related to employee protections and fair bargaining.

The court examined the submissions from both parties, focusing on the fairness and reasonableness of the terms proposed in the Enterprise Agreement. It assessed the agreement against statutory benchmarks, such as the protection of vulnerable workers and the maintenance of minimum standards. The court found that the agreement was fair and reasonable, taking into account the specific circumstances of the employees and the bargaining context. The court concluded that the agreement was in the best interests of the employees and complied with the requirements of the Fair Work Act. Consequently, the court approved the Enterprise Agreement.

Townsend House Inc and Royal South Australian Deaf Society Inc T/A Can:Do Group

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established