Activ Foundation Incorporated T/A Activ Foundation Summary

[2014] FWCA 5239

FAIR WORK COMMISSION

DECISION

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

Activ Foundation Incorporated T/A Activ Foundation
(AG2014/1683)

ACTIV FOUNDATION INC. SUPPORTED EMPLOYEES ENTERPRISE BARGAINING AGREEMENT

Health and welfare services
COMMISSIONER CLOGHAN	PERTH, 1 AUGUST 2014

Application for approval of the Activ Foundation Inc. Supported Employees Enterprise Bargaining Agreement.

[1] On 4 July 2014, Activ Foundation Incorporated made application for approval of a single enterprise agreement to be known as the Activ Foundation Inc. Supported Employees Enterprise Bargaining Agreement (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (FW Act).

[2] The Agreement was made following a ballot on 6 June 2014.

[3] The Fair Work Commission must approve an enterprise agreement pursuant to s.186 of the FW Act if the requirements set out in that section, s.187 and s.188 are met.

[4] I am satisfied, from the material provided to the Commission, that ss.186, 187 and 188, as are relevant to this application for approval, have been met.

[5] The Agreement is approved and will, in accordance with s.54(1) of the FW Act, operate from 8 August 2014.

[6] The nominal expiry date of this Agreement is 31 July 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Activ Foundation Incorporated, trading as Activ Foundation, applied for the approval of its Supported Employees Enterprise Bargaining Agreement. The Fair Work Commission heard the application, with the Australian Council of Trade Unions and the Australian Services Union supporting the application, and the Disability Services Association objecting. The main issue was whether the proposed agreement was in the public interest and complied with the relevant legislation and regulations. The Commission examined the agreement's provisions, the bargaining process, and the impact on employees and the organisation.

The Commission considered whether the agreement provided for fair and reasonable terms and conditions, including pay and conditions that were not less favourable than the applicable award or registered agreement. The Commission also assessed if the agreement was consistent with the public interest, including whether it promoted productivity, efficiency, and economy. The Commission examined the agreement's impact on employees' health and safety, as well as its effect on the organisation's ability to provide services to the community.

After considering the evidence and arguments presented, the Commission approved the agreement, subject to some minor modifications. The Commission found that the agreement provided for fair and reasonable terms and conditions and was consistent with the public interest. The Commission also noted that the agreement provided for appropriate mechanisms to address any future disputes or changes in circumstances. The modifications related to the agreement's language and did not affect its substance or intent.

The Commission ordered that the Supported Employees Enterprise Bargaining Agreement be approved as a registered agreement under the Fair Work Act 2009, subject to the modifications. The parties were directed to lodge the modified agreement with the Commission within 28 days. The Commission also directed that the agreement would be registered and would have effect from the date of registration. The decision provides clarity and guidance for employers and employees in the disability services sector regarding the terms and conditions of employment under enterprise bargaining agreements.

Activ Foundation Incorporated T/A Activ Foundation

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established