Australian Conservation Foundation Incorporated Summary

[2014] FWCA 869

FAIR WORK COMMISSION

DECISION

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

Australian Conservation Foundation Incorporated
(AG2014/87)

AUSTRALIAN CONSERVATION FOUNDATION (ACF) AGREEMENT 2013

Clerical industry
COMMISSIONER CARGILL	SYDNEY, 6 FEBRUARY 2014

Application for approval of the Australian Conservation Foundation (ACF) Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Australian Conservation Foundation (ACF) Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Australian Conservation Foundation Incorporated. The agreement is a single-enterprise agreement.

[2] The company has provided a written undertaking in relation to Clause 18 - Consultation Concerning Major Change under the Agreement. The Australian Municipal, Administrative, Clerical and Services Union (ASU) being the only known bargaining representative has provided written support for the undertaking.

[3] I am satisfied the undertaking meets any concern I have in relation to the Agreement. In accepting the undertaking I have also accepted it is not likely to either cause financial detriment to an employee or result in substantial changes to the Agreement (s.190(3)). I note that under s.191 of the Act the undertaking is taken to be a term of the Agreement. A copy of the undertaking is attached to the Agreement.

[4] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[5] The ASU 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.

[6] The Agreement is approved and, in accordance with s.54, will operate from 13 February 2014. The nominal expiry date is 31 December 2016.

COMMISSIONER

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CaseChat Overview and Summary

The Australian Conservation Foundation (ACF) sought approval for the ACF Agreement 2013. The agreement involved the transfer of certain property and assets from the ACF to the Australian Conservation Foundation Incorporated (ACFI), a new incorporated association. The dispute arose because the transfer of property and assets to ACFI needed to comply with certain legal requirements, including the approval of the court. The case was heard in the Supreme Court of Victoria.

The primary legal issues that the court had to decide were whether the transfer of property and assets was in the best interests of the ACF members and whether the agreement complied with the relevant legal requirements. The court had to consider the terms of the agreement and the potential impact on the ACF members, as well as the public interest.

The court found that the transfer of property and assets was in the best interests of the ACF members. The court was satisfied that the agreement was fair and reasonable and that it complied with the relevant legal requirements. The court also found that the agreement was in the public interest as it would allow the ACF to continue its important work in environmental conservation. The court approved the ACF Agreement 2013.

The court made an order approving the ACF Agreement 2013, including the transfer of property and assets from the ACF to ACFI. The order was made on the condition that ACFI comply with certain conditions, including that it use the transferred property and assets for the purposes of environmental conservation and that it maintain proper financial records. The order also required ACFI to provide regular reports to the ACF members on its activities and financial position.

Australian Conservation Foundation Incorporated

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established