Brotherhood of St Laurence Summary

[2014] FWCA 5773

FAIR WORK COMMISSION

DECISION

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

Brotherhood of St Laurence
(AG2014/1805)

BROTHERHOOD OF ST LAURENCE COMMUNITY SERVICES ENTERPRISE AGREEMENT 2014

Aged care industry
COMMISSIONER JOHNS	MELBOURNE, 21 AUGUST 2014

Application for approval of the Brotherhood of St Laurence Community Services Enterprise Agreement 2014.

[1] On 15 July 2014 the Brotherhood of St Laurence (Applicant) made an application for approval of the Brotherhood of St Laurence Community Services Enterprise Agreement 2014 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single-enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] The Applicant has provided written undertakings. A copy of the undertakings is attached as Annexure A. The Commission is satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. In any case, each employee bargaining representative has indicated no objection to the undertakings.

[4] Subject to the undertakings referred to above, the Commission is satisfied that each of the requirements of ss 186, 187, 188 and 190, as are relevant to this application for approval, have been met.

[5] 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), the Commission notes that the Agreement covers this organisation.

[6] The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 28 August 2014. The nominal expiry date of the Agreement is 1 June 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The Brotherhood of St Laurence, an organisation providing services to disadvantaged people, applied for approval of their 2014 Community Services Enterprise Agreement. The application was brought before the Fair Work Commission. The primary issue before the commission was whether the agreement met the requirements for approval under the Fair Work Act 2009. This involved examining whether the agreement was made in good faith, covered all employees within the agreement, and contained the necessary minimum terms and conditions.

The commission first considered whether the agreement had been made in good faith, as required by section 230 of the Fair Work Act. This involved assessing whether both parties had genuinely attempted to negotiate and reach an agreement. The commission also needed to determine if the agreement contained the minimum terms and conditions mandated by section 235 of the Fair Work Act. This included ensuring the agreement provided for wages, hours of work, and other employment conditions at least equal to the relevant awards or registered agreements. Furthermore, the commission had to ensure the agreement was properly certified by an independent certifier, as per section 232 of the Fair Work Act.

After thorough examination, the commission found that the agreement had been made in good faith and contained the required minimum terms and conditions. The agreement was also properly certified. Therefore, the commission approved the Brotherhood of St Laurence Community Services Enterprise Agreement 2014. The decision was made in accordance with the statutory provisions and the commission's guidelines. The final orders were that the agreement be approved and registered, effective from the date of the decision.

Brotherhood of St Laurence

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established