DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Wombat Housing & Support Services Inc
(AG2016/5923)

WOMBAT HOUSING AND SUPPORT SERVICES INC. ENTERPRISE AGREEMENT 2016

Social, community, home care and disability services
COMMISSIONER SAUNDERS	NEWCASTLE, 22 NOVEMBER 2016

Application for approval of the Wombat Housing and Support Services Inc. Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Wombat Housing and Support Services 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 Wombat Housing & Support Services Inc.

[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] 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.

[7] 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.

[8] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 November 2016. 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

In the Fair Work Commission, Wombat Housing & Support Services Inc sought approval of its Enterprise Agreement 2016. The dispute involved the terms and conditions of employment for employees within the organisation. The primary legal issues that arose involved whether the agreement complied with the Fair Work Act 2009 and the principles of procedural fairness. The Commission had to consider if the agreement met the statutory requirements for being “bargained” and “certified” and whether the bargaining process was conducted in a fair and reasonable manner.

The Commission examined the process by which the agreement was negotiated and whether the employer had genuinely bargained with the employees' representative. It also assessed whether the terms of the agreement were reasonable and met the standards set by the Fair Work Act. The Commission scrutinised specific provisions of the agreement, such as those relating to remuneration, conditions of employment, and dispute resolution mechanisms. The employer had to demonstrate that the agreement was not only in line with the statutory requirements but also reflected a fair outcome for both parties.

After considering the evidence and arguments presented by both parties, the Commission determined that the agreement complied with the necessary legal requirements. The Commission found that the bargaining process was conducted in a fair and genuine manner, and the terms of the agreement were reasonable. The Commission approved the Enterprise Agreement 2016, finding it to be compliant with the Fair Work Act 2009 and meeting the standards of procedural fairness.

Wombat Housing & Support Services Inc

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established