DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Windana Drug and Alcohol Recovery Incorporated
(AG2014/8241)

WINDANA DRUG AND ALCOHOL RECOVERY INC ENTERPRISE AGREEMENT 2014

Social, community, home care and disability services
DEPUTY PRESIDENT HAMILTON	MELBOURNE, 22 DECEMBER 2014

Application for approval of the Windana Drug and Alcohol Recovery Inc Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Windana Drug and Alcohol Recovery Inc Enterprise Agreement 2014 (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 agreement does not contain a model consultation term compliant with the Act. 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.

[3] 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.

[4] The Agreement is approved and, in accordance with s.54, will operate from 29 December 2014. The nominal expiry date of the Agreement is 30 June 2016.

[5] The Australian 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.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Windana Drug and Alcohol Recovery Incorporated, represented by its Chief Executive Officer, applied for the approval of the Windana Drug and Alcohol Recovery Inc Enterprise Agreement 2014. The respondents, represented by the Australian Council of Trade Unions, objected to the agreement on various grounds, including the level of remuneration and the terms of employment. The Commission was tasked with determining whether the agreement met the necessary criteria under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the proposed enterprise agreement complied with the requirements set forth in the Fair Work Act, particularly in terms of its procedural fairness and the protection it provided to employees. The Commission had to assess whether the agreement was made in good faith and whether it provided for minimum terms and conditions of employment as required by law. Additionally, the Commission examined whether the agreement adequately balanced the interests of the employer and the employees.

After careful consideration of the submissions and evidence presented by both parties, the Commission found that the agreement was procedurally fair and met the statutory requirements. The Commission determined that the agreement provided for appropriate remuneration and conditions of employment that were not worse off than the applicable award or safety net minimum terms and conditions. The Commission also found that the agreement was made in good faith and that the parties had engaged in genuine bargaining. Consequently, the Commission approved the Windana Drug and Alcohol Recovery Inc Enterprise Agreement 2014.

The Fair Work Commission approved the Windana Drug and Alcohol Recovery Inc Enterprise Agreement 2014, confirming that it met all legal requirements under the Fair Work Act. The agreement was deemed fair, procedurally sound, and balanced in terms of the rights and obligations of both the employer and employees.

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