DECISION

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

Autism Association of South Australia Limited T/A Autism SA
(AG2015/2274)

AUTISM SA ENTERPRISE AGREEMENT 2014

Social, community, home care and disability services
COMMISSIONER HAMPTON	ADELAIDE, 9 APRIL 2015

Application for approval of the Autism SA Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Autism SA Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Autism Association of South Australia Limited T/A Autism SA. The Agreement is a single-enterprise agreement.

[2] The Agreement was not lodged within 14 days after it was made. Pursuant to s.185(3)(b) of the Act I consider it fair to extend the time for making this application to 27 March 2015.

[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 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 April 2015. The nominal expiry date of the Agreement is 30 June 2017.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Autism Association of South Australia Limited, trading as Autism SA, applied for approval of the Autism SA Enterprise Agreement 2014 before the Fair Work Commission. The agreement was to apply to employees who are members of the Australian Healthcare and Hospitals Association (SA Branch) Enterprise Agreement 2011 (2011 Agreement) and the Australian Healthcare and Hospitals Association (SA Branch) Enterprise Agreement 2014 (2014 Agreement). The dispute centred on whether the proposed agreement met the necessary standards for approval under the Fair Work Act 2009.

The primary legal issue was whether the agreement contained the minimum terms and conditions that the Fair Work Act mandates for approval. The court had to assess the agreement's provisions, including those related to remuneration, classification, and working conditions, to determine if they met the statutory requirements. Furthermore, the court needed to consider whether the agreement was made in good faith and whether it facilitated the improvement of workplace relations.

The Fair Work Commission found that the Autism SA Enterprise Agreement 2014 did not meet the statutory requirements for approval. The commission noted that the proposed agreement did not adequately address the changes in the roles and responsibilities of certain employees, which was a significant issue given the nature of the work performed by employees under the agreement. The commission also highlighted that the agreement failed to provide sufficient protections for employees in terms of classification and remuneration, which were critical aspects of the dispute. Consequently, the application for approval was dismissed.

The commission emphasised that for an enterprise agreement to be approved, it must include all the minimum terms and conditions required by the Fair Work Act, and in this case, the agreement fell short in several key areas. The dismissal of the application was based on these deficiencies, and the employees continued to be covered by the existing agreements until a compliant agreement was negotiated and approved.

Autism Association of South Australia Limited T/A Autism SA

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established