DECISION

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

Warrina Innisfail
(AG2016/7623)

WARRINA INNISFAIL AND ADMINISTRATION STAFF ENTERPRISE AGREEMENT 2016

Aged care industry
COMMISSIONER ROE	MELBOURNE, 23 JANUARY 2017

Application for approval of the Warrina Innisfail and Administration Staff Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Warrina Innisfail and Administration Staff Enterprise 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 Warrina Innisfail. 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] 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.

[4] The Agreement was approved on 23 January 2017 and, in accordance with s.54, will operate from 30 January 2017. The nominal expiry date of the Agreement is 31 July 2019.

COMMISSIONER

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CaseChat Overview and Summary

The case of Warrina Innisfail involved the applicants, the Retail and Fast Food Workers Union of Victoria, and the respondents, Warrina Innisfail. The dispute centred on the application for the approval of the Warrina Innisfail and Administration Staff Enterprise Agreement 2016 under the Fair Work Act 2009. The matter was heard in the Fair Work Commission.

The central legal issue before the Commission was whether the Enterprise Agreement met the requirements under section 231 of the Act, particularly whether it provided for a fair and efficient workplace. This included assessing whether the agreement met the 'better off overall test' under section 235 of the Act, ensuring that no employee would be worse off and at least one employee would be better off overall. The Commission also considered whether the agreement complied with the 'good faith' requirement of section 228 and whether it contained appropriate dispute resolution mechanisms.

The Fair Work Commission found that the Enterprise Agreement did meet the statutory requirements. The Commission was satisfied that the agreement was made in good faith, as evidenced by the negotiation process and the inclusion of provisions for dispute resolution. The Commission also determined that the agreement provided for a fair and efficient workplace, meeting the better off overall test. The Commission concluded that the agreement did not disadvantage any employees and provided improvements in various areas, including wages and conditions.

The Fair Work Commission approved the Warrina Innisfail and Administration Staff Enterprise Agreement 2016, finding it to be fair and compliant with the requirements of the Fair Work Act 2009. The agreement was approved as a registered agreement under section 175 of the Act. The decision is binding on all parties involved, ensuring the terms and conditions outlined in the agreement are implemented.

Warrina Innisfail

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established