Community Accommodation and Respite Agency Inc

[2014] FWCA 5087

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Community Accommodation and Respite Agency Inc

(AG2014/6892)

COMMUNITY ACCOMMODATION AND RESPITE AGENCY INC

EMPLOYEES ENTERPRISE AGREEMENT 2014

Social, community, home care and disability services

COMMISSIONER HAMPTON

ADELAIDE, 28 JULY 2014

Application for approval of the Community Accommodation and Respite Agency Inc
Employees Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the

Community Accommodation and Respite Agency Inc Employees Enterprise Agreement 2014

(the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Community Accommodation and Respite Agency Inc. 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 as are

relevant to this application for approval have been met.

[3] The Australian Municipal, Administrative, Clerical and Services Union - S.A. and N.T. 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) of the Act I note that the Agreement covers the organisation.

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

4 August 2014. The nominal expiry date of the Agreement is 1 April 2017.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission was an application for the approval of the Community Accommodation and Respite Agency Inc Employees Enterprise Agreement 2014 (the Agreement). The applicant, Community Accommodation and Respite Agency Inc, sought the approval under section 185 of the Fair Work Act 2009. The agreement in question was a single-enterprise agreement designed to cover the terms and conditions of employment for the employees of the agency within the social, community, home care and disability services industry.

The key legal issues before the Commission were whether the Agreement met the statutory requirements under sections 186, 187, and 188 of the Fair Work Act 2009 for enterprise agreement approval. Specifically, the Commission had to determine if the Agreement included all necessary provisions, did not include any prohibited content, and had been made in good faith. Additionally, the Commission needed to consider whether the Agreement was covered by a bargaining representative, in this case, the Australian Municipal, Administrative, Clerical and Services Union - S.A. and N.T. Branch, as required under section 183 of the Act.

The Commission found that the Agreement satisfied all the statutory requirements. It noted that the Australian Municipal, Administrative, Clerical and Services Union - S.A. and N.T. Branch had given notice that it wanted the Agreement to cover its members, and it was covered by the organisation. Thus, the Agreement met all the necessary criteria for approval under the Fair Work Act 2009. The Commission approved the Agreement, which will operate from 4 August 2014, with a nominal expiry date of 1 April 2017.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established