DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Westgate Community Initiatives Group Inc. Pty Ltd T/A WCIG
(AG2018/5389)

WESTGATE COMMUNITY INITIATIVES GROUP INC. ENTERPRISE AGREEMENT 2018

Social, community, home care and disability services
COMMISSIONER LEE	MELBOURNE, 15 FEBRUARY 2019

Application for approval of the Westgate Community Initiatives Group Inc. Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Westgate Community Initiatives Group Inc. Enterprise 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 Westgate Community Initiatives Group Inc. Pty Ltd T/A WCIG. 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.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 February 2019. The nominal expiry date of the Agreement is 30 June 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of Westgate Community Initiatives Group Inc. Pty Ltd T/A WCIG, the Fair Work Commission was tasked with approving an Enterprise Agreement 2018. The dispute arose as the employer and the union representing the employees could not reach a consensus on certain terms and conditions of employment. The matter was brought before the Fair Work Commission to resolve the impasse and facilitate the approval of the agreement. The legal issues before the Commission were primarily concerned with whether the proposed agreement complied with the relevant provisions of the Fair Work Act 2009, specifically those relating to the approval of enterprise agreements.

The Commission undertook a detailed examination of the proposed agreement, assessing whether it met the criteria for approval under the Act. This involved ensuring that the agreement provided for a fair and efficient system of determining wages and other conditions of employment, and that it complied with the "better off overall test". The Commission also considered whether the agreement contained provisions that were contrary to public policy, such as terms that would unfairly disadvantage employees or undermine their rights. Furthermore, the Commission assessed whether the agreement had been made in good faith and whether there was adequate consultation and negotiation between the parties.

After considering the arguments and evidence presented by both the employer and the union, the Commission found that the proposed agreement met the necessary criteria for approval. The Commission determined that the agreement provided for a fair and efficient system of determining wages and conditions, and that it complied with the better off overall test. The Commission also found that the agreement did not contain any provisions that were contrary to public policy and that it had been made in good faith with adequate consultation and negotiation. Consequently, the Commission approved the Westgate Community Initiatives Group Inc. Enterprise Agreement 2018. This decision provides clarity and certainty for the employer and employees regarding their rights and obligations under the approved agreement.

Westgate Community Initiatives Group Inc. Pty Ltd T/A WCIG

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established