Community Based Support Inc

[2014] FWCA 8298

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Community Based Support Inc
(AG2014/9677)

COMMUNITY BASED SUPPORT ENTERPRISE AGREEMENT 2014

Tasmania
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 20 NOVEMBER 2014

Application for approval of the Community Based Support Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Community Based Support Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Community Based Support Inc. The agreement is a single enterprise agreement.

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

[3] The Health Services Union of Australia 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] The Agreement was approved on 20 November 2014 and, in accordance with s.54, will operate from 27 November 2014. The nominal expiry date of the Agreement is 20 November 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Community Based Support Inc (CBSI) applied to the Fair Work Commission for the approval of the Community Based Support Enterprise Agreement 2014. The Fair Work Commission (FWC) had to decide whether the agreement met the requirements of the Fair Work Act 2009. The FWC had to consider if the agreement contained the essential elements required for approval and if it was fairly negotiated and met the criteria for a modern award.

The FWC examined the agreement's compliance with the Fair Work Act, including whether it contained all the required elements and if it was fairly negotiated. The FWC also considered if the agreement met the criteria for a modern award, which includes ensuring that it provides for a fair and reasonable set of terms and conditions for employees. The FWC had to determine whether the agreement provided for a fair and reasonable set of terms and conditions for employees, and if it met the requirements for a modern award.

The FWC found that the agreement contained all the required elements and was fairly negotiated. The FWC was satisfied that the agreement met the criteria for a modern award, as it provided for a fair and reasonable set of terms and conditions for employees. The FWC approved the Community Based Support Enterprise Agreement 2014, noting that it provided for a fair and reasonable set of terms and conditions for employees and met the requirements for a modern award.

The FWC approved the Community Based Support Enterprise Agreement 2014. The FWC's decision was based on its finding that the agreement contained all the required elements, was fairly negotiated, and met the criteria for a modern award. The approval of the agreement meant that it could be used as a basis for employment terms and conditions for employees covered by the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established