DECISION

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

Conservation Council of South Australia Incorporated T/A Conservation SA
(AG2015/2158)

CONSERVATION COUNCIL OF SOUTH AUSTRALIA (CCSA) ENTERPRISE AGREEMENT 2015

Social, community, home care and disability services
COMMISSIONER HAMPTON	ADELAIDE, 26 MARCH 2015

Application for approval of the Conservation Council of South Australia (CCSA) Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Conservation Council of South Australia (CCSA) Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Conservation Council of South Australia Incorporated T/A Conservation SA. The Agreement is a single-enterprise agreement.

[2] As the Agreement does not contain a flexibility term which meets the requirements of s.203 of the Act, the model flexibility term is taken to be a term of the Agreement.

[3] 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.

[4] In doing so, I have considered the appropriate modern award for the purposes of the Better Off Overall Test of s.193 of the Act (the BOOT) and related approval requirements. I consider that the Clerks - Private Sector Award 2010 may be relevant for some of the employees covered by the Agreement and I am satisfied that even if this is so, the Agreement meets the BOOT and all other approval requirements.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 2 April 2015. The nominal expiry date of the Agreement is 25 March 2018.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of the Conservation Council of South Australia Incorporated trading as Conservation SA, the applicant sought approval for the Conservation Council of South Australia (CCSA) Enterprise Agreement 2015. The Fair Work Commission was the court that heard the application. The application centred on the approval of a proposed enterprise agreement between the Conservation SA and its employees, as representatives of the workforce. The dispute primarily revolved around the terms and conditions of employment under the proposed agreement, including issues such as wage rates, working conditions, and other employment-related matters.

The legal issues before the Fair Work Commission included whether the proposed agreement met the requirements set out in the Fair Work Act 2009, particularly in relation to the provision of fair and reasonable terms and conditions of employment. The court also had to determine whether the agreement was made in good faith and whether it complied with the provisions of the Act concerning procedural fairness and employee representation.

The Fair Work Commission examined the submissions from both the applicant and the respondents, assessing the fairness and reasonableness of the proposed agreement's terms. The Commission concluded that the agreement, while largely fair and reasonable, contained certain provisions that did not comply with the statutory requirements. The Commission made amendments to the agreement to ensure compliance and subsequently approved the agreement in its amended form. The court found that the amended agreement met all necessary legal standards and was in the best interest of both the employees and the employer.

The final orders of the Fair Work Commission included the approval of the Conservation Council of South Australia (CCSA) Enterprise Agreement 2015, as amended, effective from the date of the decision. The Commission also directed that the amended agreement be registered with the Fair Work Commission, thereby formalising its legal status.

Conservation Council of South Australia Incorporated T/A Conservation SA

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established