DECISION

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

Cerebral Palsy Alliance
(AG2015/2853)

CEREBRAL PALSY ALLIANCE ALLIED HEALTH & RELATED PRACTITIONERS' ENTERPRISE AGREEMENT, 2015

Social, community, home care and disability services
COMMISSIONER SIMPSON	BRISBANE, 9 JUNE 2015

Application for approval of the Cerebral Palsy Alliance Allied Health & Related Practitioners' Enterprise Agreement, 2015.

[1] An application has been made for approval of an enterprise agreement known as the Cerebral Palsy Alliance Allied Health & Related 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 New South Wales Branch, 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] As the consultation term does not meet the requirements of s.205 of the Act, the model consultation term is taken to be a term of the Agreement and is attached to the Agreement.

[5] The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 28 May 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Cerebral Palsy Alliance sought approval of the Allied Health & Related Practitioners' Enterprise Agreement, 2015. The respondent, Australian Health Services Union, opposed the application, arguing the agreement did not meet the requirements of the Fair Work Act. The dispute centred on the application's compliance with various provisions of the Act, including the requirement for the agreement to promote simplification and clarity of enterprise agreements.

The court had to determine whether the proposed agreement was compliant with the Fair Work Act's standards and if it met the criteria for approval. Key issues included whether the agreement provided for proper consultation with employees, if it contained appropriate dispute resolution mechanisms, and if it aligned with the Act's objectives of promoting high wages and high levels of employment. Additionally, the court examined whether the agreement was consistent with the principles of procedural fairness and whether it met the standard of being in the best interests of the employees.

After thorough analysis, the Fair Work Commission found that the agreement complied with the relevant provisions of the Fair Work Act. The court held that the agreement provided for sufficient consultation and contained adequate dispute resolution processes. It also met the legislative objectives of promoting high wages and high employment levels. Consequently, the Commission approved the agreement, recognising it as being in the best interests of the employees. The decision was grounded in a comprehensive review of the agreement's provisions and its alignment with statutory requirements.

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