Advocare Inc.

[2014] FWCA 2247

FAIR WORK COMMISSION

DECISION

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

Advocare Inc.
(AG2014/5129)

ADVOCARE ENTERPRISE AGREEMENT 2014

Social, community, home care and disability services
COMMISSIONER CLOGHAN	PERTH, 9 APRIL 2014

Application for approval of the Advocare Enterprise Agreement 2014.

[1] On 27 March 2014, Advocare Inc made application for approval of a single enterprise agreement to be known as the Advocare 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 24 March 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 Australian Municipal, Administrative, Clerical and Services Union (ASU) has declared that the ASU 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 ASU supports the approval of the Agreement by the Commission. Finally, the ASU has given notice that, pursuant to s.183 of the FW Act, it wants to be covered by the Agreement.

[6] The Agreement is approved and will, in accordance with s.54(1) of the FW Act, operate from 16 April 2014. The nominal expiry date of this Agreement is 30 June 2017.

COMMISSIONER

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CaseChat Overview and Summary

Advocare Inc., represented by the employer, sought approval of the Advocare Enterprise Agreement 2014 from the Fair Work Commission. The application was made under section 231 of the Fair Work Act 2009. The Fair Work Commission was required to determine whether the agreement was appropriate for the purpose of setting out the terms and conditions of employment for employees within the scope of the agreement. The Commission had to consider if the agreement complied with the provisions of the Fair Work Act and whether it was made in good faith and without coercion.

The primary legal issue before the Commission was whether the agreement met the requirements for approval under the Fair Work Act. This included assessing whether the agreement was made in good faith, without coercion, and whether it provided for the proper operation of the enterprise. Additionally, the Commission had to consider if the agreement provided for the resolution of disputes and if it was appropriate for the employees it covered.

The Commission found that the agreement was made in good faith and without coercion, and that it contained provisions for the proper operation of the enterprise. The agreement also included provisions for the resolution of disputes. The Commission was satisfied that the agreement was appropriate for the employees it covered and met the requirements for approval under the Fair Work Act. The Commission approved the Advocare Enterprise Agreement 2014.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established