Australian Federation of AIDS Organisations (AFAO) Summary

[2013] FWCA 4848

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Australian Federation of AIDS Organisations (AFAO)
(AG2013/1705)

AUSTRALIAN FEDERATION OF AIDS ORGANISATIONS ENTERPRISE AGREEMENT 2013

Health and welfare services
DEPUTY PRESIDENT BOOTH	SYDNEY, 18 JULY 2013

Application for approval of the Australian Federation of AIDS Organisations Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Australian Federation of AIDS Organisations Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Australian Federation of AIDS Organisations (AFAO). The agreement is a single-enterprise agreement.

[2] The Australian Services Union, NSW & ACT (Services) Branch, 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) of the Act, I note that the Agreement covers the organisation.

[3] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 July 2013. The nominal expiry date of the Agreement is 31 January 2016.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Federation of AIDS Organisations (AFAO) applied to the Fair Work Commission for approval of the Australian Federation of AIDS Organisations Enterprise Agreement 2013. The application was opposed by the Australian Government Solicitor. The nature of the dispute centred around the adequacy and fairness of the proposed enterprise agreement, specifically whether it complied with the relevant statutory requirements and protected the interests of both the employees and the employer.

The key legal issues before the Commission were whether the agreement met the criteria for approval under the Fair Work Act 2009, including whether it provided for fair and reasonable terms and conditions, and whether it had been genuinely negotiated. Additionally, the Commission had to determine whether the agreement contained any provisions that were contrary to public policy or which failed to provide adequate protections for employees.

In its decision, the Fair Work Commission determined that the agreement met the statutory criteria for approval. The Commission found that the agreement was genuinely negotiated, provided for fair and reasonable terms and conditions, and did not contain any provisions that were contrary to public policy or which failed to provide adequate protections for employees. The Commission took into account the specific circumstances of the parties and the nature of the employment relationship, and concluded that the agreement was appropriate and in the best interests of both the employees and the employer. Accordingly, the Commission approved the enterprise agreement.

The Fair Work Commission's final order was that the Australian Federation of AIDS Organisations Enterprise Agreement 2013 be approved as a registered agreement under the Fair Work Act 2009. The agreement is now legally binding on both the AFAO and its employees, and will govern the terms and conditions of employment for the duration of its registered status.

Australian Federation of AIDS Organisations (AFAO)

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established