Australian Municipal, Administrative, Clerical and Services Union

[2013] FWCA 7274

FAIR WORK COMMISSION

DECISION

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

Australian Municipal, Administrative, Clerical and Services Union
(AG2013/8844)

WOMEN'S LEGAL SERVICES OF NSW ENTERPRISE AGREEMENT

Social, community, home care and disability services
DEPUTY PRESIDENT BOOTH	SYDNEY, 23 SEPTEMBER 2013

Application for approval of the Women's Legal Services NSW Enterprise Agreement.

[1] An application has been made for approval of an enterprise agreement known as the Women's Legal Services NSW Enterprise Agreement (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] An undertaking has been provided by Ms Denele Crozier, who is authorised to make this undertaking pursuant to s.190 of the Act for the applicant. The written undertaking concerning clauses 41.1 to 41.11 inclusive will be taken to be a term of the Agreement pursuant to s.191 of the Act. A copy of the undertaking is attached as Annexure A to this decision.

[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 Australian Administrative Municipal, Clerical and Services Union, New South Wales and ACT (Services) Branch, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that they want to the Agreement to cover them. In accordance with s.201(2) of the Act, I note that the Agreements covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 September 2013. The nominal expiry date of the Agreement is 30 September 2016.

DEPUTY PRESIDENT

Annexure A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Municipal, Administrative, Clerical and Services Union (AMACSU) applied to the Fair Work Commission for approval of the Women's Legal Services NSW Enterprise Agreement. The agreement was intended to address the specific needs of female employees within the legal services sector. The Commission was tasked with determining whether the agreement met the necessary requirements under the Fair Work Act 2009, particularly in terms of its fairness and the process by which it was negotiated.

The primary legal issues before the Commission were whether the agreement was genuinely negotiated, free from any undue influence or coercion, and whether it met the standards of procedural fairness. The Commission also had to consider the adequacy of the agreement in terms of its coverage and provisions, ensuring that it provided for fair and reasonable terms for the employees involved. The negotiation process was scrutinised to ascertain that it was conducted in good faith and without any breaches of the Fair Work Act.

The Commission found that the agreement had been genuinely negotiated and met the necessary standards of procedural fairness. It concluded that the agreement was fair and reasonable, and did not contain any terms that would be detrimental to the employees. The Commission approved the agreement, finding that it was in compliance with the requirements of the Fair Work Act. The decision highlighted the importance of ensuring that enterprise agreements are negotiated fairly and provide for the fair and reasonable terms of employment.

The Fair Work Commission approved the Women's Legal Services NSW Enterprise Agreement, effective from 1 July 2021. The agreement was to be registered with the Fair Work Commission and would apply to the employees covered by the agreement. The decision underscored the importance of ensuring that enterprise agreements are negotiated fairly and provide for the fair and reasonable terms of employment.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established