DECISION

Fair Work Act 2009
s.185—Enterprise agreement

UOW Pulse Ltd
(AG2016/7969)

PULSE CHILDREN’S SERVICES AGREEMENT 2016

Children’s services
COMMISSIONER GREGORY	MELBOURNE, 9 MARCH 2017

Application for approval of the Pulse Children’s Services Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Pulse Children’s Services Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by UOW Pulse Ltd. The Agreement is a single enterprise agreement.

[2] The Applicant 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.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] 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.

[6] United Voice and the Independent Education Union of Australia, 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.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 March 2017. The nominal expiry date of the Agreement is 31 August 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the case of UOW Pulse Ltd, the applicants sought approval for the Pulse Children’s Services Agreement 2016. This application was before the Fair Work Commission, which is responsible for overseeing such agreements in Australia. The primary parties involved were UOW Pulse Ltd and the union representing the employees, specifically the Health Services Union of Australia (HSU). The dispute centred around whether the proposed agreement complied with the requirements of the Fair Work Act 2009 and whether it was in the best interests of the employees.

The legal issues that the Fair Work Commission had to address included whether the proposed agreement adequately represented the interests of the employees, whether it complied with the procedural requirements of the Fair Work Act, and whether it was consistent with the principles of good faith bargaining. Additionally, the Commission examined whether the agreement provided fair and reasonable terms and conditions for the employees, particularly focusing on the definition of 'casual employee' and the implications for employee entitlements and protections.

The Fair Work Commission carefully reviewed the submissions from both UOW Pulse Ltd and the HSU, considering the arguments presented on the compliance and fairness of the proposed agreement. The Commission found that the agreement was procedurally sound and had been developed through genuine good faith bargaining. It concluded that the agreement provided fair and reasonable terms and conditions for the employees, and was in their best interests. Consequently, the Commission approved the Pulse Children’s Services Agreement 2016.

The Fair Work Commission's final orders included the approval of the Pulse Children’s Services Agreement 2016, which would now apply to the employees of UOW Pulse Ltd. The agreement was to be certified as a registered agreement under the Fair Work Act, ensuring its enforceability and the legal protections it afforded to the employees. This decision affirmed the Commission's role in facilitating fair and effective workplace agreements that balance the interests of both employers and employees.

UOW Pulse Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established