Wombat Housing & Support Services Inc

[2014] FWCA 594

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Wombat Housing & Support Services Inc
(AG2013/12866)

WOMBAT HOUSING AND SUPPORT SERVICES INC ENTERPRISE AGREEMENT 2013

Social, community, home care and disability services
COMMISSIONER JOHNS	MELBOURNE, 24 JANUARY 2014

Application for approval of the Wombat Housing and Support Services Inc Enterprise Agreement 2013.

[1] On 24 December 2013 Wombat Housing & Support Services Inc (Applicant) made an application for approval of the Wombat Housing and Support Services Inc Enterprise Agreement 2013 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single-enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] The Commission is satisfied that each of the requirements of ss 186, 187 and 188 of the Act, as are relevant to this application for approval, have been met.

[4] 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), the Commission notes that the Agreement covers this organisation.

[5] The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 31 January 2014. The nominal expiry date of the Agreement is 30 June 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the matter of the application for approval of the Wombat Housing and Support Services Inc Enterprise Agreement 2013 was heard. The application was brought by the applicant, Wombat Housing & Support Services Inc, against the respondents, the various employees represented by the National Tertiary Education Union. The dispute centred on whether the proposed enterprise agreement, which aimed to regulate the terms and conditions of employment for the employees of the applicant, met the statutory requirements for approval under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the proposed agreement complied with the provisions of the Fair Work Act, specifically sections 233 and 234, which require that enterprise agreements be fair and meet the "better off overall test". The Commission needed to consider whether the agreement provided employees with terms and conditions that were at least as good as the relevant award or applicable law, and whether it contained any provisions that were unfair within the meaning of the Act.

The Commission examined the evidence and submissions from both parties, focusing on the financial implications of the proposed agreement for employees and the viability of the applicant organisation. It considered whether the agreement met the statutory requirements for approval, including whether it was procedurally valid and whether it provided for appropriate mechanisms for dispute resolution. After careful consideration, the Commission determined that the agreement was fair and met the better off overall test. The Commission approved the application for the agreement to be registered, finding that it provided for fair and reasonable terms and conditions of employment for the employees and did not contain any unfair provisions.

Consequently, the Commission made an order approving the application for registration of the Wombat Housing and Support Services Inc Enterprise Agreement 2013. The agreement was to be registered on the Register of Approved Agreements and would apply to the employees covered by the agreement from the date of registration. The decision provided certainty and clarity for both the applicant organisation and the employees, ensuring that the agreement would govern their employment terms and conditions moving forward.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established