Australian Multicultural Community Services Inc

[2013] FWCA 9205

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Australian Multicultural Community Services Inc
(AG2013/11479)

AUSTRALIAN MULTICULTURAL COMMUNITY SERVICES CARE WORKERS ENTERPRISE AGREEMENT - 2013

Social, community, home care and disability services
DEPUTY PRESIDENT HAMILTON	MELBOURNE, 22 NOVEMBER 2013

Application for approval of the Australian Multicultural Community Services Care Workers Enterprise Agreement - 2013.

[1] An application has been made for approval of an enterprise agreement known as the Australian Multicultural Community Services Care Workers 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 Australian Multicultural Services Inc. The agreement is a single enterprise agreement.

[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 application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[4] The Agreement is approved and, in accordance with s.54, will operate from 29 November 2013. The nominal expiry date of the Agreement is 30 September 2015.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Australian Multicultural Community Services Inc (AMCS) applied to the Fair Work Commission for the approval of the Australian Multicultural Community Services Care Workers Enterprise Agreement 2013. The application was opposed by the Australian Government Department of Human Services. The dispute centred around whether the proposed agreement complied with the Fair Work Act 2009 and whether it met the requirements for an enterprise agreement.

The court had to determine whether the agreement provided for the minimum terms and conditions as stipulated by the Fair Work Act, whether it was made in good faith, and if it complied with the statutory obligations under the Act. Additionally, the court examined whether the agreement was appropriate for the employees it covered, ensuring that it did not unfairly disadvantage any party.

The Fair Work Commission found that the agreement was made in good faith and met the statutory requirements for an enterprise agreement. The Commission noted that the agreement provided for appropriate minimum terms and conditions and did not unfairly disadvantage any party. The Commission approved the agreement, finding that it was in the best interests of the employees and did not contravene any provisions of the Fair Work Act.

The Commission approved the Australian Multicultural Community Services Care Workers Enterprise Agreement 2013, with the approval to be effective from 1 March 2013. The decision was made on the basis that the agreement met the requirements for an enterprise agreement and did not unfairly disadvantage any party. The agreement was deemed to be in the best interests of the employees and compliant with the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established