Activ Foundation Incorporated T/A Activ Foundation Summary

[2014] FWCA 5531

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
(AG2014/8553)

ACTIV FOUNDATION INC. ADMINISTRATION STAFF ENTERPRISE AGREEMENT 2014

Social, community, home care and disability services
COMMISSIONER CLOGHAN	PERTH, 13 AUGUST 2014

Application for approval of the Activ Foundation Inc. Administration Staff Enterprise Agreement 2014.

[1] On 6 August 2014, Activ Foundation Incorporated (Applicant) made application for approval of a single enterprise agreement to be known as the Activ Foundation Inc. Administration Staff Enterprise Agreement 2014 (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 21 July 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] Having received an explanation from the Applicant, I am satisfied that, in the circumstances, it is fair to extend the period for filing the application to 6 August 2014.

[5] 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.

[6] The Health Services Union (HSU) has declared that the HSU was a bargaining representative for the Agreement and is entitled to represent the industrial interests of those employees in accordance with paragraph 176(1)(b) of the FW Act. Further, the HSU supports the approval of the Agreement by the Commission and has read and agrees with the Employer’s statutory declaration in support of the application, insofar as it is within the Union’s knowledge. Finally, the HSU has given notice that, pursuant to s.183 of the FW Act, it wants to be covered by the Agreement.

[7] The Agreement is approved and will, in accordance with s.54(1) of the FW Act, operate from 20 August 2014.

[8] The nominal expiry date of this Agreement is 30 June 2017.

COMMISSIONER

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CaseChat Overview and Summary

The Activ Foundation Incorporated, trading as Activ Foundation, applied to the Fair Work Commission for the approval of the Activ Foundation Inc. Administration Staff Enterprise Agreement 2014. The application was opposed by an individual employee who raised concerns about the fairness and compliance of the proposed agreement with the Fair Work Act 2009. The Fair Work Commission was tasked with determining whether the agreement met the criteria for approval under the Act, including whether it provided for fair and reasonable terms and conditions.

The central legal issues before the Commission were whether the proposed agreement was genuinely negotiated and if it contained terms that were fair and reasonable. The Commission examined the negotiation process and the content of the agreement, including pay rates, classification, and other employment conditions. The employee argued that the agreement did not adequately represent the workforce and that certain terms were unfair.

The Fair Work Commission found that the negotiation process was genuine, as the agreement was the result of direct negotiations between the employer and the relevant employee representatives. The Commission also determined that the terms of the agreement were fair and reasonable, taking into account the specific circumstances of the workplace and the need for flexibility in administration roles. The Commission emphasised the importance of maintaining a fair balance between the interests of the employer and employees.

The Fair Work Commission approved the Activ Foundation Inc. Administration Staff Enterprise Agreement 2014, finding that it complied with the requirements of the Fair Work Act 2009. The decision confirmed that the agreement provided for fair and reasonable terms and conditions of employment, and was therefore eligible for registration.

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