Anglicare Tasmania Inc T/A Anglicare Summary

[2013] FWCA 8034

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Anglicare Tasmania Inc T/A Anglicare
(AG2013/7757)

ANGLICARE TASMANIA INC. COLLECTIVE AGREEMENT 2012

Tasmania
COMMISSIONER LEE	MELBOURNE, 14 OCTOBER 2013

Application for approval of the Anglicare Tasmania Inc. Collective Agreement 2012.

[1] An application has been made for approval of a single-enterprise agreement known as the Anglicare Tasmania Inc. Collective Agreement 2012 (the Agreement). The application was made Anglicare Tasmania Inc. T/A Anglicare (the Applicant) pursuant to s.185 of the Fair Work Act 2009 (the Act).

[2] The Applicant has provided written undertakings. A copy of the undertakings given is attached to this decision at Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] The undertakings now form part of the Agreement and a copy will be kept on the file. A copy of the undertakings should be circulated to all employees and attached to all copies of the Agreement subsequently produced or used by the parties.

[4] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

[5] The Health Services Union of Australia, the Australian Nursing and Midwifery Federation and the Australian Municipal, Administrative, Clerical and Services Union, 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 these organisations.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 October 2013. The nominal expiry date of the Agreement is 30 July 2014.

COMMISSIONER

Annexure A:

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Anglicare Tasmania Inc T/A Anglicare brought an application for the approval of the Anglicare Tasmania Inc. Collective Agreement 2012. The application was heard in the Fair Work Commission, where the primary issue was whether the agreement met the requirements under the Fair Work Act 2009 for it to be approved. The agreement sought to govern the employment terms and conditions of Anglicare Tasmania Inc. employees.

The court had to determine if the agreement complied with the statutory requirements set forth in the Fair Work Act, including whether the agreement covered the essential terms, was free from prohibited content, and had been fairly negotiated. It was also necessary to assess if the agreement was consistent with the safety net of minimum terms and conditions and whether it included appropriate dispute resolution mechanisms.

In its decision, the Fair Work Commission found that the Anglicare Tasmania Inc. Collective Agreement 2012 satisfied all statutory requirements for approval. The agreement was comprehensive, covering all essential terms, and was free from prohibited content. The Commission also found that the agreement had been fairly negotiated and contained appropriate dispute resolution mechanisms. Additionally, the agreement was consistent with the safety net of minimum terms and conditions. Therefore, the application for approval was successful.

The Fair Work Commission approved the Anglicare Tasmania Inc. Collective Agreement 2012, confirming its compliance with the Fair Work Act. The agreement was to be registered with the Fair Work Commission and would govern the employment terms and conditions of Anglicare Tasmania Inc. employees from the date of approval.

Anglicare Tasmania Inc T/A Anglicare

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established