| [2015] FWCA 4724 |
| FAIR WORK COMMISSION |
DECISION |
Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
Amnesty International Australia
(AG2015/3224)
AMNESTY INTERNATIONAL AUSTRALIA EMPLOYMENT AGREEMENT 2015
Social, community, home care and disability services | |
COMMISSIONER SIMPSON | BRISBANE, 17 JULY 2015 |
Application for approval of the Amnesty International Australia Employment Agreement 2015.
[1] An application has been made for approval of an enterprise agreement known as the Amnesty International Australia Employment Agreement 2015 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Amnesty International Australia. The agreement is a single enterprise agreement.
[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.
[3] The Australian Service Union being a bargaining representative for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act, I note that the Agreement covers this organisation.
[4] The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date is 30 September 2016.
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- AGLC
- Amnesty International Australia [2015] FWCA 4724
- Case
- [2015] FWCA 4724
- Decision Date
CaseChat Overview and Summary
The primary legal issues the court had to address involved the fairness and compliance of the proposed employment agreement with the Fair Work Act 2009. The court needed to determine whether the agreement contained appropriate provisions regarding wages, conditions of employment, and other terms that were consistent with the principles of fairness and equity. Additionally, the court examined whether the agreement adequately protected the rights of the employees and complied with the requirements for being a modern award or registered agreement.
The Fair Work Commission evaluated the terms of the Amnesty International Australia Employment Agreement 2015 and considered the submissions from both parties. The court found that the agreement contained provisions that were largely consistent with the principles of fairness and equity. It was determined that the agreement met the requirements of the Fair Work Act 2009 and adequately protected the rights of the employees. Consequently, the court approved the employment agreement, finding it to be a genuine attempt to establish fair terms and conditions of employment.
The Fair Work Commission approved the Amnesty International Australia Employment Agreement 2015, confirming its compliance with the Fair Work Act 2009. This decision allowed the agreement to be implemented as a governing document for the specified employees within Amnesty International Australia. The court's approval was based on the finding that the agreement contained fair and reasonable terms, ensuring the rights and protections of the employees were upheld.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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