DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Women’s Legal Resources Ltd T/A Women’s Legal Service NSW
(AG2019/1696)

WOMEN’S LEGAL SERVICE NSW ENTERPRISE AGREEMENT

Social, community, home care and disability services
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 14 AUGUST 2019

Application for approval of the Women’s Legal Service NSW Enterprise Agreement.

[1] An application has been made for approval of an enterprise agreement known as the Women’s Legal Service NSW Enterprise Agreement (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings (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 sections 186, 187, 188 and 190 as are relevant to this application for approval have been met.

[6] Pursuant to subsection 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 (NSW & ACT Services Branch) being a bargaining representative for the Agreement, has given notice under section 183 of the Act that it wants the Agreement to cover it. In accordance with subsection 201(2) of the Act, I note that the Agreement covers the organisation.

[8] The Agreement is approved and, in accordance with section 54 of the Act, will operate from 21 August 2019. The nominal expiry date of the Agreement is 20 August 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Women’s Legal Service NSW, acting through Women’s Legal Resources Ltd, applied to the Fair Work Commission for approval of an enterprise agreement. The dispute was centred on the terms and conditions of employment for staff within the organisation. The Fair Work Commission was tasked with assessing whether the agreement was in the best interests of the employees and the organisation.

The legal issues before the court included whether the proposed agreement adequately addressed the pay equity between different roles within the organisation, the appropriate classification of roles, and the overall fairness of the agreement to both the employees and the employer. The court had to ensure that the agreement did not undermine the protections provided under the Fair Work Act 2009.

The Fair Work Commission found that the agreement was fair and balanced, taking into account the specific context of the Women’s Legal Service NSW. The commission acknowledged the importance of addressing historical pay disparities and ensuring that the agreement promoted gender equity. The court approved the agreement, noting the measures included to rectify past inequalities and to provide a fair and transparent framework for future employment conditions. The commission's decision was made in the context of the organisation’s mission to provide legal services to women, recognising the need for equitable treatment of staff.

Women’s Legal Resources Ltd T/A Women’s Legal Service NSW

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established