DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Yorke Peninsula Community Transport Inc
(AG2016/3990)

YORKE PENINSULA COMMUNITY TRANSPORT INCORPORATED COMMUNITY SERVICE WORKERS ENTERPRISE AGREEMENT NO 01

Social, community, home care and disability services
COMMISSIONER SAUNDERS	NEWCASTLE, 28 SEPTEMBER 2016

Application for approval of the Yorke Peninsula Community Transport Incorporated Community Service Workers Enterprise Agreement No 01.

[1] An application has been made for approval of an enterprise agreement known as the Yorke Peninsula Community Transport Incorporated Community Service Workers Enterprise Agreement No 01 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Yorke Peninsula Community Transport Inc. 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 application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[7] 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.

[8] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[9] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 October 2016. The nominal expiry date of the Agreement is 22 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of a community service workers enterprise agreement proposed by Yorke Peninsula Community Transport Incorporated. The application was made under section 191 of the Fair Work Act 2009, seeking the Fair Work Commission’s approval of the proposed agreement. The dispute centred on whether the agreement complied with the statutory requirements and whether it was in the interests of the employees it was intended to cover.

The legal issues before the Commission included whether the agreement had been made in accordance with the procedural requirements set out in the Fair Work Act, including whether it had been made in good faith and whether it covered the employees as intended. Additionally, the Commission had to consider whether the agreement provided for fair terms and conditions and whether it met the statutory minimum standards.

In reaching its decision, the Commission noted that the application had been made in accordance with the procedural requirements of the Act. The Commission was satisfied that the agreement had been made in good faith and that it appropriately covered the intended employees. The Commission also determined that the agreement provided for fair terms and conditions, including provisions for pay rates, leave entitlements, and working conditions. The agreement met the statutory minimum standards and was in the interests of the employees. Consequently, the Commission approved the Yorke Peninsula Community Transport Incorporated Community Service Workers Enterprise Agreement No 01.

The Fair Work Commission approved the Yorke Peninsula Community Transport Incorporated Community Service Workers Enterprise Agreement No 01, effective from the date of the decision. The approved agreement is to be registered with the Fair Work Commission and will apply to the employees covered by the agreement as per its terms.

Yorke Peninsula Community Transport Inc

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established