Arthritis Foundation of South Australia Inc

[2013] FWCA 135

FAIR WORK COMMISSION

DECISION

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

Arthritis Foundation of South Australia Inc
(AG2012/14373)

ARTHRITIS FOUNDATION OF SOUTH AUSTRALIA ENTERPRISE AGREEMENT 2012

Clerical industry
COMMISSIONER HAMPTON	ADELAIDE, 8 JANUARY 2013

Application for approval of the Arthritis Foundation of South Australia Enterprise Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as the Arthritis Foundation of South Australia Enterprise Agreement 2012 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Arthritis Foundation of South Australia Inc. The Agreement is a single-enterprise agreement.

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

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 January 2013. The nominal expiry date of the Agreement is 30 November 2015.

COMMISSIONER

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CaseChat Overview and Summary

The Arthritis Foundation of South Australia Inc lodged an application for the approval of the Arthritis Foundation of South Australia Enterprise Agreement 2012. The dispute was heard in the Fair Work Commission. The legal issues that needed to be addressed were whether the agreement contained the minimum terms and conditions as required by the Fair Work Act 2009, and whether it was consistent with the National Employment Standards.

The Fair Work Commission examined the terms and conditions of the proposed agreement, ensuring they met the minimum standards set out by the Act. The Commission also assessed whether the agreement was consistent with the National Employment Standards, which include provisions such as maximum weekly hours of work, request for flexible working arrangements, and the right to request unpaid parental leave. The Commission found that the agreement complied with these requirements and was in accordance with the National Employment Standards.

The Commission concluded that the Arthritis Foundation of South Australia Enterprise Agreement 2012 met all necessary legal criteria. Therefore, it approved the agreement, allowing it to be implemented. The decision was made to ensure that the agreement provided fair and reasonable terms for employees while also protecting the interests of the employer.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established