Alcohol and Drug Foundation Australian Capital Territory Incorporated

[2010] FWA 8997

[2010] FWA 8997

FAIR WORK AUSTRALIA

DECISION

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

Alcohol and Drug Foundation Australian Capital Territory Incorporated
(AG2010/19471)

COMMISSIONER MCKENNA SYDNEY, 24 NOVEMBER 2010

Alcohol and Drug Foundation Australian Capital Territory Incorporated Single Enterprise Agreement October 2010.

[1] An application has been made for the approval of an enterprise agreement titled the Alcohol and Drug Foundation Australian Capital Territory Incorporated Single Enterprise Agreement October 2010 (“the Agreement”). I listed the matter for mention on 19 November 2010, when Mr P Lawler, Chief Executive Officer, appeared by telephone. The purpose of the mention was to raise, in a preliminary way, various concerns and queries that seemed to arise from the inadequacy of some of the information contained in the employer’s declaration and the atypical content of aspects of the Agreement. As noted in the application for approval, Mr Lawler explained the template for the Agreement had been obtained from an organisation named Seminars Australia Pty Ltd. Mr Lawler submitted he and the staff had been quite comfortable with the format of the “easy to read” 2007 agreement that was already in place; and the only reason he had moved to the format of the proposed Agreement was because of the advice this was the “new look” required to comply with Fair Work Australia’s requirements (the template is of a type I would have considered almost incapable of approval, although, given what has transpired, it is not necessary to determine the question). Mr Lawler further explained had wanted to get the “right type of advice” for making an enterprise agreement and was endeavouring to do the right thing by his staff; and, indeed, has already paid the wage increases that were negotiated, backdated to July 2010.

[2] Mr Lawler advised me that he would be going back to the staff committee to ask if they wanted to go back to the old format, rather than using the template he had been advised was necessary. I am now in receipt of a notice of discontinuance. In the circumstances, the proceedings are concluded.

COMMISSIONER

Appearances:

P. Lawler for the applicant.

Hearing details:

Sydney

2010

November 19.

Printed by authority of the Commonwealth Government Printer

<Price code A, PR504234>