Australian Municipal, Administrative, Clerical and Services Union

[2013] FWCA 9900

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Australian Municipal, Administrative, Clerical and Services Union
(AG2013/11521)

PEOPLE WITH DISABILITY AUSTRALIA INC. ENTERPRISE AGREEMENT 2013-2017

Social, community, home care and disability services
DEPUTY PRESIDENT BOOTH	SYDNEY, 17 DECEMBER 2013

Application for approval of the People with Disability Australia Inc. Enterprise Agreement 2013-2017.

[1] An application has been made for approval of an enterprise agreement known as the People with Disability Australia Inc. Enterprise Agreement 2013-2017 (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 Municipal, Administrative, Clerical and Services Union. The agreement is a single-enterprise agreement.

[2] 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.

[3] The Australian Municipal, Administrative, Clerical and Services Union, 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 December 2013. The nominal expiry date of the Agreement is 17 December 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of the People with Disability Australia Inc. Enterprise Agreement 2013-2017. The Australian Municipal, Administrative, Clerical and Services Union (AMWU) lodged the application, which sought the Fair Work Commission's approval of the agreement as a new registered agreement under the Fair Work Act 2009. The dispute centred on whether the agreement complied with the statutory requirements for registration and if it met the standards of the Fair Work Act.

The primary legal issues addressed by the Commission were whether the agreement contained the necessary provisions, including the standard terms and conditions, and whether it had been fairly and properly negotiated. Additionally, the Commission considered whether the agreement complied with the statutory requirement for majority support from the employees involved. The Commission needed to determine if the application met all the legislative criteria for the approval of a new enterprise agreement.

The Fair Work Commission found that the agreement was fairly and properly negotiated and contained all the necessary standard terms and conditions. The Commission confirmed that the agreement had been supported by a majority of the employees involved. Consequently, the Commission approved the agreement, finding it met all the statutory requirements for registration. The decision highlighted the importance of ensuring that enterprise agreements meet the legislative criteria and are supported by the majority of employees.

The final orders included the approval of the People with Disability Australia Inc. Enterprise Agreement 2013-2017 as a new registered agreement under the Fair Work Act. The Commission's decision ensured that the agreement would provide a framework for fair and effective industrial relations for the employees covered by the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established