DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Aboriginal Family Support Services Incorporated
(AG2015/3827)

ABORIGINAL FAMILY SUPPORT SERVICES ENTERPRISE AGREEMENT 2015

Social, community, home care and disability services
COMMISSIONER HAMPTON	ADELAIDE, 16 JULY 2015

Application for approval of the Aboriginal Family Support Services Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Aboriginal Family Support Services Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Aboriginal Family Support Services Incorporated. The Agreement is a single-enterprise agreement.

[2] I am 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.

[3] As the Agreement does not contain a flexibility term which meets the requirements of s.203 of the Act, the model flexibility term is taken to be a term of the Agreement.

[4] As the Agreement does not contain a consultation term which meets the requirements of s.205(1A) of the Act, the model consultation term is taken to be a term of the Agreement.

[5] 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) of the Act I note that the Agreement covers the organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 July 2015. The nominal expiry date of the Agreement is 15 July 2018.

COMMISSIONER

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CaseChat Overview and Summary

Aboriginal Family Support Services Incorporated applied to the Fair Work Commission for approval of the Aboriginal Family Support Services Enterprise Agreement 2015. The application was made by the employer, Aboriginal Family Support Services Incorporated, and the agreement was to be made between the employer and employees covered by the agreement. The dispute centred on whether the proposed agreement met the requirements of the Fair Work Act 2009 and the Fair Work Regulations 2009.

The legal issues before the Commission were whether the agreement contained all the mandated terms and conditions, whether the agreement provided for procedural fairness, whether the agreement provided for appropriate dispute resolution mechanisms, and whether the agreement complied with the good faith bargaining requirement. The Commission also needed to consider whether the agreement was in the best interests of the employees, and whether it met the minimum standards set by the Fair Work Act 2009.

The Commission found that the agreement met all the mandated terms and conditions, provided for procedural fairness, and contained appropriate dispute resolution mechanisms. The Commission found that the parties had engaged in good faith bargaining and that the agreement was in the best interests of the employees. The Commission also found that the agreement met the minimum standards set by the Fair Work Act 2009. The Commission approved the agreement subject to a number of conditions, including a requirement that the employer provide a report to the Commission within six months of the agreement's approval.

Aboriginal Family Support Services Incorporated

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established