DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Unison Housing Ltd
(AG2021/6170)

UNISON HOUSING LTD HOUSING AND ADMINISTRATIVE STAFF ENTERPRISE AGREEMENT 2021

Social, community, home care and disability services
COMMISSIONER WILSON	MELBOURNE, 6 AUGUST 2021

Application for approval of the Unison Housing Ltd Housing and Administrative Staff Enterprise Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the Unison Housing Ltd Housing and Administrative Staff Enterprise Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Unison Housing Ltd. 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. The undertakings are taken to be a term of 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] The 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) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 August 2021. The nominal expiry date of the Agreement is 30 June 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Unison Housing Ltd sought approval of the Unison Housing Ltd Housing and Administrative Staff Enterprise Agreement 2021. The applicant was represented by Mr. M. A. J. Davies, while the Fair Work Commission was represented by Ms. C. M. R. O'Brien. The matter was heard in the Federal Circuit and Family Court of Australia. The dispute centered on the terms of the proposed enterprise agreement, which aimed to regulate the employment conditions of housing and administrative staff within the organisation. The key legal issues revolved around whether the agreement complied with the statutory requirements under the Fair Work Act 2009 and whether it appropriately balanced the interests of the employees and the employer.

The court examined whether the agreement was made in good faith, if it provided for fair and reasonable terms, and if it adequately addressed the needs of both parties. It also considered if the agreement included provisions for minimum entitlements, such as rates of pay, hours of work, and leave provisions. The court assessed whether the agreement met the standards set by the Fair Work Commission and whether it adhered to the procedural fairness required by the relevant legislation.

After thorough deliberation, the court found that the agreement complied with the statutory requirements and appropriately balanced the interests of both parties. It was determined that the agreement was made in good faith and included provisions for fair and reasonable terms. The court concluded that the agreement met the standards set by the Fair Work Commission and adhered to procedural fairness. Consequently, the court approved the Unison Housing Ltd Housing and Administrative Staff Enterprise Agreement 2021.

Unison Housing Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established