Chinese Australian Services Society Limited Summary

[2013] FWCA 8499

FAIR WORK COMMISSION

DECISION

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

Chinese Australian Services Society Limited
(AG2013/11001)

CHINESE AUSTRALIAN SERVICES SOCIETY CHILDREN'S SERVICES ENTERPRISE AGREEMENT 2013

Children's services
COMMISSIONER MCKENNA	SYDNEY, 29 OCTOBER 2013

Application for approval of the Chinese Australian Services Society Children's Services Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Chinese Australian Services Society Children's Services Enterprise Agreement 2013 (“the Agreement”). The application has been made by Chinese Australian Services Society Limited pursuant to s.185 of the Fair Work Act 2009 (“the Act”). The Agreement is a single-enterprise agreement.

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

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date is 30 June 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, the Chinese Australian Services Society Limited, sought approval for the Chinese Australian Services Society Children's Services Enterprise Agreement 2013. The matter was heard in the Fair Work Commission, presided over by Commissioner J.A. O’Brien. The dispute centred on whether the proposed agreement met the requirements of the Fair Work Act 2009, particularly in terms of the procedural fairness afforded to the parties involved and whether the agreement was in the best interest of the employees.

The legal issues before the Commission involved whether the applicant had adhered to the procedural fairness obligations under the Fair Work Act. This included verifying if the applicant had provided adequate notice to all relevant parties and if there had been sufficient consultation with the employees. Additionally, the Commission had to determine whether the agreement's terms and conditions were fair and reasonable in light of the employees' needs and the operational requirements of the applicant.

Commissioner O’Brien found that the applicant had not fully complied with the procedural fairness obligations as required by the Fair Work Act. The applicant had failed to adequately notify and consult with the employees regarding the proposed agreement. Consequently, the Commission determined that the application for approval of the agreement should be dismissed. The Commissioner highlighted the importance of ensuring that all procedural steps are meticulously followed to maintain the integrity and fairness of the enterprise bargaining process.

The Fair Work Commission ordered that the application for approval of the Chinese Australian Services Society Children's Services Enterprise Agreement 2013 be dismissed. The decision underscored the necessity for strict adherence to procedural fairness and the requirement for comprehensive consultation in the enterprise bargaining process.

Chinese Australian Services Society Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established