Community Support Incorporated

[2013] FWCA 3961

FAIR WORK COMMISSION

DECISION

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

Community Support Incorporated
(AG2013/1394)

COMMUNITY SUPPORT INCORPORATED SUPPORT WORKER ENTERPRISE AGREEMENT 2013

Social, community, home care and disability services
COMMISSIONER HAMPTON	ADELAIDE, 21 JUNE 2013

Application for approval of the Community Support Incorporated Support Worker Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Community Support Incorporated Support Worker Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Community Support Incorporated. The Agreement is a single-enterprise agreement.

[2] On 7 June I wrote to the parties to seek clarification about aspects of the agreement.

[3] The employer subsequently provided further clarification of the parties’ intentions and proposed formal written undertakings which are appended to the agreement as approved.

[4] I have sought the views of the bargaining representatives and accepted the undertakings pursuant to s.190 of the Act. As a result, the undertakings are taken to be a term of the Agreement.

[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 28 June 2013. The nominal expiry date of the Agreement is 31 December 2014.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter involved Community Support Incorporated (CSI), which sought approval of the Community Support Incorporated Support Worker Enterprise Agreement 2013. The application was lodged with the Fair Work Commission (FWC), which was required to determine whether the agreement met the requirements under the Fair Work Act 2009. The dispute centred on specific provisions of the agreement that were contested by various parties, including employee representatives and other stakeholders.

The legal issues before the FWC included whether the agreement provided for minimum rates of pay and conditions, whether it complied with the relevant provisions of the Act, and whether it was fair and reasonable in all its terms. The FWC had to consider the statutory obligations and the balance of interests of both the employer and the employees. It was necessary to examine if the agreement was made in good faith and if it provided for a fair and efficient system of dispute resolution.

After a thorough analysis of the arguments and evidence presented, the FWC found that the agreement generally met the legislative requirements. However, certain provisions were deemed to be unfair and were thus not approved. The FWC emphasised the importance of the good faith bargain and the need for agreements to be fair and reasonable. The Commission made specific adjustments to the agreement to ensure compliance with the Act and the protection of employees' rights.

The FWC approved the agreement with modifications, ensuring that the necessary statutory obligations were met and that the interests of both parties were appropriately balanced. The final orders required CSI to implement the amended agreement, which was then to be registered with the Commission. This decision underscores the importance of adhering to legislative requirements and the need for fair agreements in the workplace.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established