Aboriginal Sobriety Group Inc

[2013] FWCA 3146

FAIR WORK COMMISSION

DECISION

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

Aboriginal Sobriety Group Inc
(AG2013/1087)

ABORIGINAL SOBRIETY GROUP INC. ENTERPRISE AGREEMENT 2012

Social, community, home care and disability services
COMMISSIONER HAMPTON	ADELAIDE, 20 MAY 2013

Application for approval of the Aboriginal Sobriety Group Inc. Enterprise Agreement 2012 .

[1] An application has been made for approval of an enterprise agreement known as the Aboriginal Sobriety Group Inc. Enterprise Agreement 2012 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Aboriginal Sobriety Group Inc. The Agreement is a single-enterprise agreement.

[2] 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.

[3] On 13 May 2013, I conducted a telephone conference of the parties to seek clarification about aspects of the agreement.

[4] The employer subsequently provided further clarification of the parties’ intentions and proposed formal written undertakings which are appended to the agreement as approved.

[5] I have sought the views of the bargaining representatives and accepted the undertakings pursuant to s.190 of the Act. As a result, the undertakings are taken to be a term of the Agreement.

[6] 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.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 May 2013. The nominal expiry date of the Agreement is 30 June 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The application for the approval of the Aboriginal Sobriety Group Inc. Enterprise Agreement 2012 was heard by the Fair Work Commission. The applicant, Aboriginal Sobriety Group Inc., sought approval for the enterprise agreement which was intended to regulate the employment of its workers. The dispute centred on whether the agreement met the necessary criteria under the Fair Work Act 2009 to warrant approval by the Commission. The legal issues before the Commission involved determining whether the agreement provided for fair and reasonable terms and conditions, whether it was free from any improper conduct, and if it adhered to the requirements for approval under the Fair Work Act.

The Commission examined the terms and conditions of the enterprise agreement, focusing on various aspects such as pay rates, working hours, leave entitlements, and dispute resolution mechanisms. It was essential to ensure that the agreement did not unfairly disadvantage any party and complied with the statutory requirements for approval. The Commission also considered whether the agreement was genuinely negotiated and whether any procedural irregularities occurred during its formation. Additionally, the Commission assessed the fairness of the agreement by evaluating its alignment with the principles of enterprise bargaining as outlined in the Fair Work Act.

After thorough consideration, the Commission found that the enterprise agreement met the necessary criteria for approval. The terms and conditions were deemed fair and reasonable, and there was no evidence of improper conduct. The agreement was found to be genuinely negotiated, and no procedural irregularities were identified. The Commission concluded that the agreement aligned with the principles of enterprise bargaining and provided for the fair and reasonable terms and conditions of employment. Consequently, the Commission approved the Aboriginal Sobriety Group Inc. Enterprise Agreement 2012.

The final orders of the Commission included the approval of the Aboriginal Sobriety Group Inc. Enterprise Agreement 2012, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission, and the terms and conditions would govern the employment of the workers within the organisation. The approval signified the Commission's satisfaction with the agreement's compliance with the Fair Work Act and its alignment with the principles of fair and reasonable enterprise bargaining.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established