DECISION

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

Windana Drug and Alcohol Recovery Incorporated
(AG2017/228)

WINDANA DRUG AND ALCOHOL RECOVERY INC ENTERPRISE AGREEMENT 2016

Social, community, home care and disability services
COMMISSIONER SAUNDERS	NEWCASTLE, 6 APRIL 2017

Application for approval of the Windana Drug and Alcohol Recovery Inc Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Windana Drug and Alcohol Recovery Inc 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 Windana Drug and Alcohol Recovery Incorporated. 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 Australian Municipal, Administrative, Clerical and Services Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 April 2017. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Windana Drug and Alcohol Recovery Incorporated brought an application seeking approval of its Enterprise Agreement 2016. The application was heard in the Fair Work Commission, where the applicant argued that the agreement met the statutory requirements for approval. The Australian Council of Trade Unions opposed the application, contending that the agreement did not comply with certain provisions of the Fair Work Act 2009.

The central legal issues for the Commission to determine were whether the agreement provided for the proper process for its approval, whether it included appropriate mechanisms for dispute resolution, and whether it complied with the provisions relating to minimum wages and other entitlements under the Fair Work Act. The Commission had to consider whether the agreement met the statutory criteria for approval, including whether it facilitated genuine agreement-making, provided for the protection of employees' rights, and complied with the provisions relating to minimum wages and other entitlements.

The Fair Work Commission found that the Enterprise Agreement 2016 met the statutory requirements for approval. The Commission considered the arguments made by both parties and found that the agreement provided for the proper process for its approval, included appropriate mechanisms for dispute resolution, and complied with the provisions relating to minimum wages and other entitlements. The Commission was satisfied that the agreement facilitated genuine agreement-making, provided for the protection of employees' rights, and met the statutory criteria for approval.

The Commission approved the Enterprise Agreement 2016, and it now forms the basis for the terms and conditions of employment for the employees covered by the agreement. The applicant may now proceed with implementing the agreement in accordance with its terms. The Australian Council of Trade Unions' application to oppose the approval of the agreement was dismissed.

Windana Drug and Alcohol Recovery Incorporated

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established