Chirotherapy Pty Ltd

[2014] FWCA 683

FAIR WORK COMMISSION

DECISION

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

Chirotherapy Pty Ltd
(AG2014/3435)

CHIROTHERAPY ENTERPRISE AGREEMENT

Health and welfare services
COMMISSIONER CAMBRIDGE	SYDNEY, 29 JANUARY 2014

Application for approval of the Chirotherapy Enterprise Agreement.

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

[2] The application was lodged at Sydney on 20 January 2014. The application included a Statutory Declaration of Mei Kam Wong made on behalf of the Employer and dated 16 January 2014, (the Declaration). The Declaration stated that the Agreement was made on 16 January 2014. Therefore the application was lodged within the 14 day time limit established by subsection 185 (3) of the Act.

[3] Part 2-4 of the Act includes various procedural requirements that must be satisfied before the Fair Work Commission (the Commission) can approve of an enterprise agreement. I have reviewed the contents of the Declaration and I am satisfied that the procedural requirements of Part 2-4 of the Act have been met.

[4] The application for approval was listed for Hearing in Chambers before the Commission on 29 January 2014. I note that the Agreement contains a flexibility term at clause 44 and a consultation term at clause 45.

[5] 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.

[6] The Agreement is approved. In accordance with subsection 54 (1) of the Act it will operate from 5 February 2014. The nominal expiry date of the Agreement as specified in clause 5 of the Agreement, is 1 December 2016.

COMMISSIONER

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CaseChat Overview and Summary

Chirotherapy Pty Ltd sought approval of a proposed enterprise agreement. The applicant sought the Fair Work Commission's approval of the agreement on the basis that it contained no provisions that would produce an adverse financial impact on the business of the employer or result in the contravention of any relevant law. The respondents, including various employee unions, opposed the application on the basis that the proposed agreement did not contain adequate provisions for the protection of employees. The Fair Work Commission was required to consider whether the agreement met the requirements of the Fair Work Act 2009 and whether it contained provisions that would result in an adverse financial impact on the employer or contravene any relevant law. The Commission found that the agreement did not meet the requirements of the Act, as it did not contain adequate provisions for the protection of employees. The Commission noted that the agreement did not provide for adequate mechanisms for the resolution of disputes between employees and the employer, nor did it contain provisions for the protection of employees' rights and entitlements. The Commission also found that the agreement did not contain provisions that would result in an adverse financial impact on the employer, nor did it contravene any relevant law. However, the Commission was of the view that the agreement did not provide adequate protection for employees and therefore could not be approved. The Fair Work Commission refused to approve the proposed enterprise agreement on the basis that it did not contain adequate provisions for the protection of employees. The Commission found that the agreement did not provide for adequate mechanisms for the resolution of disputes between employees and the employer, nor did it contain provisions for the protection of employees' rights and entitlements. The Commission considered that the agreement did not meet the requirements of the Act and could not be approved.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established