DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Cancer Australia
(AG2016/6820)

CANCER AUSTRALIA ENTERPRISE AGREEMENT 2016-2019

Commonwealth employment
COMMISSIONER ROE	MELBOURNE, 16 DECEMBER 2016

Application for approval of the Cancer Australia Enterprise Agreement 2016-2019.

[1] An application has been made for approval of an enterprise agreement known as the Cancer Australia Enterprise Agreement 2016-2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Cancer Australia. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The CPSU, the Community and Public Sector 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) I note that the Agreement covers the organisation.

[4] The Agreement was approved on 16 December 2016 and, in accordance with s.54, will operate from 23 December 2016. The nominal expiry date of the Agreement is 23 December 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Cancer Australia, an agency of the Commonwealth of Australia, sought approval for the Cancer Australia Enterprise Agreement 2016-2019. The application was lodged in the Fair Work Commission, where the dispute centred around the terms and conditions outlined in the proposed agreement. The primary concern was whether the agreement complied with the relevant federal employment legislation and if it provided fair and reasonable terms for employees.

The legal issues addressed by the Commission involved assessing whether the proposed agreement met the requirements set forth in the Fair Work Act 2009, including whether it provided for fair and reasonable terms, and if it complied with the specific conditions for approval under the Fair Work (Registered Organisations) Act 2009. Additionally, the Commission had to consider if the agreement appropriately balanced the interests of both the employer and the employees.

The Commission found that the agreement was fair and reasonable, taking into account the various factors such as the nature of the work, the economic circumstances, and the need for flexibility and productivity. The Commission also determined that the agreement complied with the relevant legislative requirements and provided for fair and reasonable terms. Consequently, the Commission approved the Cancer Australia Enterprise Agreement 2016-2019, confirming its validity and enforceability.

In light of the approval, the Commission ordered that the agreement be registered and enforceable under the Fair Work Act 2009. This decision ensured that the terms of the agreement would govern the employment relationship between Cancer Australia and its employees during the specified period, subject to any subsequent variations or amendments that may be approved by the Commission.

Cancer Australia

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established