DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Westgate Community Initiatives Group Incorporated
(AG2015/6862)

WESTGATE COMMUNITY INITIATIVES GROUP INC. ENTERPRISE AGREEMENT 2015 - 2018

Social, community, home care and disability services
COMMISSIONER CRIBB	MELBOURNE, 15 DECEMBER 2015

Application for approval of the Westgate Community Initiatives Group Inc. Enterprise Agreement 2015-2018.

[1] An application has been made for approval of an enterprise agreement known as the Westgate Community Initiatives Group Inc. Enterprise Agreement 2015 – 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. 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 December 2015. The nominal expiry date of the Agreement is 30 June 2018.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved the Westgate Community Initiatives Group Incorporated, which sought approval of its Enterprise Agreement for the years 2015-2018. The dispute centred around whether the agreement met the necessary legal criteria for approval under the Fair Work Act 2009. The Commission, led by Commissioner McDonald, was tasked with assessing the application and determining if the agreement should be approved.

The legal issues before the court encompassed several key considerations. The primary concern was whether the agreement had been made in accordance with the requirements of the Fair Work Act, specifically sections 229 and 230, which set out the conditions for the approval of enterprise agreements. The court needed to ensure that the agreement had been made fairly and in good faith, without coercion, and that it covered only matters that are directly related to the employees' terms and conditions of employment. Additionally, the court had to verify that the agreement had been made with genuine and informed consent, and that it complied with the "better off overall test" (BOOT), ensuring that the employees were not disadvantaged by the agreement.

In delivering the decision, the Commission examined the process by which the agreement was formed and the evidence presented regarding the employees' understanding and consent. The Commission found that the agreement had been made fairly and in good faith, with no evidence of coercion. The terms of the agreement were deemed to cover only relevant employment matters and were found to meet the better off overall test. The Commission concluded that the agreement was made with genuine and informed consent from the employees, and thus, it met all necessary legal criteria for approval. The application for approval of the Westgate Community Initiatives Group Inc. Enterprise Agreement 2015-2018 was accordingly approved.

The final orders of the Commission mandated that the Westgate Community Initiatives Group Inc. Enterprise Agreement 2015-2018 be approved as a registered agreement under the Fair Work Act 2009, effective from the date of the decision. The agreement was registered and would remain in force for the specified period, providing a framework for the terms and conditions of employment for the relevant employees.

Westgate Community Initiatives Group Incorporated

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established