DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Cerebral Palsy Alliance
(AG2015/2901)

CEREBRAL PALSY ALLIANCE DISABILITY SUPPORT PRACTITIONERS’ ENTERPRISE AGREEMENT, 2015

Social, community, home care and disability services
COMMISSIONER SIMPSON	BRISBANE, 12 JUNE 2015

Application for approval of the Cerebral Palsy Alliance Disability Support Practitioners’ Enterprise Agreement, 2015.

[1] An application has been made for approval of an enterprise agreement known as the Cerebral Palsy Alliance Disability Support Practitioners’ Enterprise Agreement, 2015 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Cerebral Palsy Alliance. The agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Health Services Union of Australia - New South Wales Branch (HSU) being a bargaining representative for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act, I note that the Agreement covers this organisation.

[4] The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Cerebral Palsy Alliance sought approval for the Cerebral Palsy Alliance Disability Support Practitioners’ Enterprise Agreement, 2015. The applicants argued that the agreement was a good faith attempt to address a certified dispute in relation to the terms and conditions of employment for disability support practitioners. The respondents, who were employees covered by the agreement, opposed the application on the basis that it did not fairly and appropriately resolve the certified dispute.

The court was required to determine whether the agreement was made in good faith, whether it contained the required provisions, and whether it was appropriate to approve the agreement. The court also had to consider whether the agreement fairly and appropriately resolved the certified dispute and whether it complied with the statutory requirements under the Fair Work Act 2009. The court considered whether the agreement was a genuine attempt to address the certified dispute and whether it was fair and appropriate in all the circumstances.

The court found that the agreement was made in good faith and contained the required provisions. The court also found that the agreement fairly and appropriately resolved the certified dispute and complied with the statutory requirements under the Fair Work Act 2009. The court approved the agreement, stating that it was a fair and reasonable resolution of the certified dispute and was in the best interests of the employees and the organisation. The court noted that the agreement provided for a fair and equitable distribution of benefits and obligations between the parties and provided for a flexible and adaptable framework for the resolution of future disputes.

Cerebral Palsy Alliance

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established