DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Cancer Council Tasmania
(AG2014/10971)

CANCER COUNCIL TASMANIA SINGLE ENTERPRISE AGREEMENT 2015 TO 2018

Tasmania
DEPUTY PRESIDENT KOVACIC	CANBERRA, 8 APRIL 2015

Application for approval of the Cancer Council Tasmania Single Enterprise Agreement 2015 to 2018.

[1] An application has been made for approval of an enterprise agreement known as the Cancer Council Tasmania Single Enterprise Agreement 2015 to 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Cancer Council Tasmania. The Agreement is a single enterprise agreement.

[2] Subject to concerns that have been addressed by way of undertakings, 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] As noted, pursuant to s.190(3), I have accepted undertakings from Cancer Council Tasmania. In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings is attached to this decision.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Australian Municipal, Administrative, Clerical and Services Union (ASU) 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 April 2015. The nominal expiry date of the Agreement is 31 December 2018.

Printed by authority of the Commonwealth Government Printer

ATTACHMENT A

CaseChat Overview and Summary

The applicants, Cancer Council Tasmania, sought approval of the Single Enterprise Agreement 2015 to 2018 from the Fair Work Commission. The applicants sought to have the agreement registered and made applicable to their employees. The Commission was required to determine whether the application complied with the necessary criteria, including whether the agreement was a genuine enterprise agreement.

The primary legal issue was whether the application complied with the relevant statutory requirements and whether the agreement met the necessary criteria for approval. The Commission considered the provisions of the Fair Work Act 2009 and the Fair Work (Registered Organisations) Act 2009. The Commission also considered the evidence and submissions made by the parties.

The Commission found that the application complied with the necessary criteria and that the agreement was a genuine enterprise agreement. The Commission noted that the agreement had been negotiated in good faith and that it met the necessary requirements for approval. The Commission also found that the agreement provided for the proper management of the enterprise and the fair treatment of employees. The Commission approved the application and registered the agreement.

The Fair Work Commission approved the application and registered the Cancer Council Tasmania Single Enterprise Agreement 2015 to 2018. The agreement is now applicable to the employees of the applicants. The decision provides guidance on the criteria for approving enterprise agreements and the process for registering such agreements.

Cancer Council Tasmania

DECISION

ATTACHMENT A

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established