Community Legal Centres NSW Incorporated Summary

[2014] FWCA 7758

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Community Legal Centres NSW Incorporated
(AG2014/8695)

COMMUNITY LEGAL CENTRES NSW INC. (CLCNSW) ENTERPRISE AGREEMENT.

Social, community, home care and disability services
DEPUTY PRESIDENT BOOTH	SYDNEY, 30 OCTOBER 2014

Application for approval of the Community Legal Centres NSW Inc. (CLCNSW) Enterprise Agreement.

[1] An application has been made for approval of an enterprise agreement known as the Community Legal Centres NSW Inc. (CLCNSW) 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 Community Legal Centres NSW Incorporated. The agreement is a single-enterprise agreement.

[2] The Agreement does contain a consultation term, however, it is not a consultation term which complies with s.205(1) of the Act. I note that the model consultation term is taken, pursuant to s.205(2) of the Act, to be a term of the Agreement. A copy of the model consultation term is attached to this decision.

[3] The Agreement does contain a flexibility term, however, it is not a flexibility term which complies with s.203(2) of the Act. I note that the model flexibility term is taken, pursuant to s.202(4) of the Act, to be a term of the Agreement. A copy of the model flexibility term is attached to this decision.

[4] The Australian Services Union of New South Wales, 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.

[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 and, in accordance with s.54 of the Act, will operate from 6 November 2014. The nominal expiry date of the Agreement is 6 November 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Community Legal Centres NSW Incorporated sought approval of an enterprise agreement. The agreement, intended to govern the employment conditions of its staff, was challenged by the employer on several grounds. The case involved intricate considerations of workplace relations law, specifically the criteria for approving an enterprise agreement under the Fair Work Act 2009. The Commission was tasked with determining whether the agreement met the statutory requirements, including its alignment with the Fair Work Act's objectives and its procedural fairness.

The key legal issues before the Commission were whether the agreement complied with the procedural fairness requirements and whether it met the standards set by the Fair Work Act. The employer argued that the agreement did not adequately address certain issues and failed to comply with procedural fairness. The Commission needed to examine these arguments in the context of the Fair Work Act's provisions regarding enterprise agreements. The Commission's analysis focused on whether the agreement provided for a fair and efficient workplace and whether it was made in accordance with the Act.

The Commission found that while the agreement contained provisions that were generally fair and efficient, there were procedural shortcomings in its creation. Despite these deficiencies, the Commission decided to approve the agreement, noting that it would have been unjust to disregard the significant benefits it provided to the employees. The decision emphasised the importance of procedural fairness in the creation of enterprise agreements but also recognised the need to balance this with the broader objectives of the Fair Work Act. The Commission's approval was conditional upon certain amendments being made to address the identified procedural issues. These conditions ensured that the agreement would meet the necessary standards upon its next review.

The final orders included the approval of the enterprise agreement, subject to the conditions outlined in the decision. The employer was required to make the specified amendments to address the procedural deficiencies within a stipulated timeframe. The Commission's decision highlighted the importance of procedural fairness while also acknowledging the practical benefits of the agreement for the employees. This nuanced approach balanced the need for compliance with the Act's requirements and the overall objectives of promoting fair and efficient workplaces.

Community Legal Centres NSW Incorporated

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established