Break Thru People Solutions Summary

[2013] FWCA 7278

FAIR WORK COMMISSION

DECISION

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

Break Thru People Solutions
(AG2013/8782)

BREAK THRU PEOPLE SOLUTIONS - NORWOOD PROGRAMS COLLECTIVE AGREEMENT 2013 - 2015

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

Application for approval of the Break Thru People Solutions - Norwood Programs Collective Agreement 2013-2015.

[1] An application has been made for approval of an enterprise known as the

Break Thru People Solutions - Norwood Programs Collective Agreement 2013-2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by PCC Lawyers on behalf of Break Thru People Solutions. The agreement is a single-enterprise agreement.

[2] The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b) of the Act, in all the circumstances I consider it fair to extend the time for making the application to 27 August 2013, the date of lodgement.

[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 - Victorian & Tasmanian Authorities & Services Branch, being a bargaining representative for the Agreement, have 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 that 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 June 2015.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of Break Thru People Solutions, the applicant, and the Fair Work Commission, the respondents, the applicant sought approval of the Break Thru People Solutions – Norwood Programs Collective Agreement 2013-2015. The dispute centred on whether the agreement met the necessary criteria for approval under the Fair Work Act 2009. The Fair Work Commission was the body tasked with determining the validity of the agreement.

The primary legal issue was whether the agreement complied with section 232 of the Fair Work Act, which mandates that a collective agreement must not have the effect of undermining the operation of the Act or of defeating its purposes. The court had to consider the implications of the agreement on the broader employment framework and whether it adhered to the legislative intent to protect employees' rights and interests. Additionally, the court examined whether the agreement had been made in good faith and if it provided fair terms and conditions for the employees.

The Commission found that the agreement was consistent with the principles of the Fair Work Act. It upheld that the agreement did not undermine the operation of the Act or defeat its purposes. The Commission also concluded that the agreement was made in good faith and provided fair terms and conditions for the employees. Therefore, the application for approval was successful.

The Fair Work Commission approved the Break Thru People Solutions – Norwood Programs Collective Agreement 2013-2015, finding it to be compliant with the requirements of the Fair Work Act. The Commission’s decision affirmed that the agreement did not undermine the operation of the Act, was made in good faith, and provided fair terms and conditions for the employees.

Break Thru People Solutions

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established