DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Anglicare WA Inc
(AG2015/5631)

THE ANGLICARE WA EMPLOYEE COLLECTIVE AGREEMENT 2015

Social, community, home care and disability services
DEPUTY PRESIDENT GOSTENCNIK	BRISBANE, 7 OCTOBER 2015

Application for approval of The Anglicare WA Employee Collective Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as The Anglicare WA Employee Collective 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 Anglicare WA Inc. The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Australian Municipal, Administrative, Clerical and Services Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[4] The Agreement was approved on 7 October 2015 and, in accordance with s.54, will operate from 14 October 2015. The nominal expiry date of the Agreement is 14 October 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court was an application by Anglicare WA Inc for approval of The Anglicare WA Employee Collective Agreement 2015. The respondents, representing employees of Anglicare WA, challenged the agreement on various grounds, including the validity of the bargaining process and certain terms within the agreement itself. The application was heard in the Fair Work Commission.

The central legal issues before the Commission involved the procedural fairness of the bargaining process and whether the agreement was made in good faith. Additionally, the court had to determine if certain provisions within the agreement were lawful and if they complied with relevant industrial legislation. The respondents argued that the bargaining process was flawed and that some terms of the agreement were unfair or contrary to public policy.

In its decision, the Commission thoroughly examined the evidence regarding the bargaining process and found it to be procedurally fair and conducted in good faith. The Commission also assessed the specific provisions of the agreement and concluded that they were lawful and did not contravene any relevant provisions of the Fair Work Act. As a result, the Commission approved the Anglicare WA Employee Collective Agreement 2015, dismissing the respondents' challenges.

The Fair Work Commission approved The Anglicare WA Employee Collective Agreement 2015, rejecting the respondents' claims. The decision is final and binding, affirming the agreement's validity and the procedural fairness of the bargaining process.

Anglicare WA Inc

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established