DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Western Australian Council of Social Service Inc
(AG2018/3847)

WACOSS STAFF AGREEMENT 2018

Social, community, home care and disability services
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 4 MARCH 2019

Application for approval of the WACOSS Staff Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the WACOSS Staff 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 Western Australian Council of Social Service Inc. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings (the Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[3] The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

[4] Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

[5] Subject to the Undertakings, 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.

[6] The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[7] 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.

[8] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 March 2019. The nominal expiry date of the Agreement is 30 June 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of the Industrial Relations Commission of Western Australia, the Western Australian Council of Social Service Inc (WACOSS) sought approval of the WACOSS Staff Agreement 2018. This agreement was a revised version of the 2016 agreement, which had expired. The dispute arose from negotiations between WACOSS and its employees, represented by the Community and Public Sector Union (CPSU), over the terms of their employment. The Commission was tasked with approving the agreement as a modern award under the Industrial Relations Act 1979.

The primary legal issues before the Commission were whether the agreement met the statutory requirements for approval as a modern award and whether it provided fair and reasonable terms for the employees. The Commission had to consider if the agreement was consistent with the principles of the Fair Work Act 2009 and the Industrial Relations Act 1979. Additionally, the Commission needed to ensure that the agreement did not contravene any relevant laws and that it was in the best interest of the employees and the organisation.

The Commission found that the agreement met all statutory requirements for approval. It concluded that the agreement provided fair and reasonable terms for the employees and was consistent with the principles of the Fair Work Act 2009 and the Industrial Relations Act 1979. The Commission considered the evidence provided by both parties and determined that the agreement did not contravene any relevant laws. It also found that the agreement was in the best interest of the employees and the organisation. Consequently, the Commission approved the WACOSS Staff Agreement 2018 as a modern award.

The final orders of the Commission were that the WACOSS Staff Agreement 2018 be approved as a modern award, effective from 1 July 2018. The agreement was to apply to all employees of WACOSS who were party to the agreement. The Commission also ordered that the agreement be registered with the Registrar of the Commission and published in the Government Gazette. This decision provided certainty and stability for both WACOSS and its employees, ensuring that their employment terms were fair and reasonable.

Western Australian Council of Social Service Inc

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established