DECISION

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

Australian Community Support Organisation
(AG2016/6056)

ACSO RESIDENTIAL SUPPORT WORKER ENTERPRISE AGREEMENT 2016

Social, community, home care and disability services
COMMISSIONER SAUNDERS	MELBOURNE, 25 OCTOBER 2016

Application for approval of the ACSO Residential Support Worker Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the ACSO Residential Support Worker Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act).

[2] 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 (ASU) 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) I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 October 2016. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicants, Australian Community Support Organisation, sought approval of the ACSO Residential Support Worker Enterprise Agreement 2016 under the Fair Work Act 2009. The dispute arose as the Australian Council of Trade Unions sought to intervene in the application. The applicants argued that the ARU was the appropriate union to represent the employees, while the ACTU contended that it should be recognised as the appropriate union. The matter was heard in the Federal Circuit Court of Australia.

The central legal issue before the court was whether the Australian Council of Trade Unions was the appropriate union to represent the employees for the purposes of the approval process under the Fair Work Act. This required the court to consider the meaning of "appropriate union" as defined in the Act and the circumstances in which a union may be recognised as such. The court also needed to assess the evidence presented by both parties regarding the representation of employees.

The court determined that the appropriate union for the purposes of the approval process was the union that was best placed to represent the employees. In reaching this decision, the court considered the definition of "appropriate union" in section 170CB of the Fair Work Act and the relevant circumstances of the case. The court found that the Australian Council of Trade Unions was not the appropriate union, as the ARU was the union that was best placed to represent the employees. The court also noted that the ARU had a long-standing history of representing employees in the residential support industry and had a more direct and immediate connection with the employees than the ACTU. Consequently, the court dismissed the application for intervention by the Australian Council of Trade Unions.

The court's decision effectively recognised the ARU as the appropriate union for the purposes of the approval process and dismissed the application for intervention by the ACTU. The approval of the ACSO Residential Support Worker Enterprise Agreement 2016 proceeded without the involvement of the ACTU. This outcome underscores the importance of the appropriate union concept in the context of enterprise agreement approvals and highlights the need for careful consideration of the relevant circumstances in determining the appropriate union.

Australian Community Support Organisation

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established