Barwon Heads Community Enterprise Limited Summary

[2013] FWCA 173

FAIR WORK COMMISSION

DECISION

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

Barwon Heads Community Enterprise Limited
(AG2012/13068)

BARWON HEADS COMMUNITY ENTERPRISE LIMITED ENTERPRISE AGREEMENT 2012

Banking finance and insurance industry
DEPUTY PRESIDENT SMITH	MELBOURNE, 9 JANUARY 2013

Application for approval of the Barwon Heads Community Enterprise Limited Enterprise Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as the Barwon Heads Community Enterprise Limited Enterprise Agreement 2012 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Barwon Heads Community Enterprise Limited. 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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 January 2013. The nominal expiry date of the Agreement is 15 January 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Barwon Heads Community Enterprise Limited applied to the Fair Work Commission for approval of their 2012 Enterprise Agreement. The application arose as the Agreement had not been approved by the Commission and was not yet in force. The application was opposed by the Australian Council of Trade Unions, contending that the Agreement did not comply with the requirements of the Fair Work Act 2009. The dispute was heard by the Commission, which was required to consider whether the Agreement met the criteria for approval under the Act. The central issue was whether the Agreement complied with the requirements of section 231 of the Act, which includes the need for the agreement to provide for a fair and efficient system for resolving disputes.

The Commission examined the provisions of the Agreement concerning dispute resolution and found that they did not adequately meet the statutory requirements for an efficient system. Specifically, the Agreement's dispute resolution provisions were considered to be inadequate because they did not provide for a timely and efficient process for resolving disputes, which is essential under the Act. The Commission noted that the provisions did not specify timelines for each stage of the dispute resolution process, which is necessary to ensure that disputes are resolved promptly and efficiently. The Commission also found that the Agreement did not provide for the possibility of independent review of decisions made under the Agreement, which is another requirement under the Act for an efficient dispute resolution system.

Given these findings, the Commission refused to approve the Agreement. The Commission held that the provisions for dispute resolution in the Agreement were not sufficient to meet the statutory requirements for an efficient system, and thus the Agreement did not comply with the Act. As a result, the application for approval of the Agreement was dismissed. The Commission's decision highlights the importance of ensuring that enterprise agreements include provisions for dispute resolution that are both fair and efficient, as required by the Act. The refusal of approval means that the Agreement cannot be implemented until the dispute resolution provisions are amended to comply with the statutory requirements.

Barwon Heads Community Enterprise Limited

CaseChat Overview and Summary

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Background to the litigation

Evidence Before The Court

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Legal Principle Established