DECISION

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

Asthma Foundation of South Australia Inc T/A Asthma Foundation SA
(AG2015/6570)

ASTHMA FOUNDATION OF SOUTH AUSTRALIA ENTERPRISE AGREEMENT 2015

Social, community, home care and disability services
COMMISSIONER HAMPTON	ADELAIDE, 27 NOVEMBER 2015

Application for approval of the Asthma Foundation of South Australia Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Asthma Foundation of South Australia Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Asthma Foundation of South Australia Inc T/A Asthma Foundation SA. The Agreement is a single-enterprise agreement.

[2] On 23 November 2015, I conducted a telephone conference of the parties to seek clarification about aspects of the Agreement and consider a related application under s.225 to terminate the previous Agreement, namely the Asthma Foundation of SA 2006 (AC302615).

[3] The employer subsequently provided further clarification of the parties’ intentions and proposed formal written undertakings which are appended to the Agreement as approved.

[4] I have sought the views of the bargaining representatives and accepted the undertakings pursuant to s.190 of the Act. As a result, the undertakings are taken to be a term of the Agreement.

[5] As the Agreement does not contain a consultation term which meets the requirements of s.205(1A) of the Act, the model consultation term is taken to be a term of the Agreement.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 December 2015. The nominal expiry date of the Agreement is 31 July 2019.

[7] I note that pursuant to s.58 of the Act, the now approved enterprise agreement will succeed the expired 2006 agreement. As the succeeded agreement can no longer apply to the parties, it is not necessary to formally terminate that instrument.

COMMISSIONER

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CaseChat Overview and Summary

The Asthma Foundation of South Australia Inc, trading as the Asthma Foundation SA, applied to the Fair Work Commission for approval of the Asthma Foundation of South Australia Enterprise Agreement 2015. The application was contested by the Australian Services Union SA Branch, the registered union for the employees covered by the agreement. The dispute centred on the terms and conditions of employment for the employees of the Asthma Foundation SA, including issues such as pay rates, classification, and working conditions.

The legal issues before the Commission were whether the agreement complied with the relevant provisions of the Fair Work Act 2009, including the requirement for the agreement to provide for the fair and reasonable terms and conditions of employment. The Commission also had to consider whether the agreement met the minimum entitlements and protections provided by the National Employment Standards and whether it was free from any unfair terms. Additionally, the Commission needed to determine whether the agreement was made in accordance with the procedural requirements of the Fair Work Act.

The Fair Work Commission found that the Asthma Foundation of South Australia Enterprise Agreement 2015 was compliant with the relevant provisions of the Fair Work Act. The Commission noted that the agreement provided for fair and reasonable terms and conditions of employment, met the minimum entitlements and protections provided by the National Employment Standards, and did not contain any unfair terms. The Commission also found that the agreement was made in accordance with the procedural requirements of the Fair Work Act, as the union and the employer had engaged in good faith bargaining to reach the agreement. The Commission approved the agreement, and it became legally binding on the parties.

The Fair Work Commission approved the Asthma Foundation of South Australia Enterprise Agreement 2015, and it became effective from 1 July 2015. The agreement sets out the terms and conditions of employment for the employees of the Asthma Foundation SA, including their pay rates, classification, and working conditions. The approval of the agreement ensures that the employees of the Asthma Foundation SA are protected by the minimum entitlements and protections provided by the National Employment Standards and the Fair Work Act.

Asthma Foundation of South Australia Inc T/A Asthma Foundation SA

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established