Continence Foundation of Australia Summary

[2013] FWCA 4294

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Continence Foundation of Australia
(AG2013/7226)

CONTINENCE FOUNDATION OF AUSTRALIA AND AUSTRALIAN NURSING FEDERATION COLLECTIVE AGREEMENT 2012-2016

Health and welfare services
DEPUTY PRESIDENT HAMILTON	MELBOURNE, 2 JULY 2013

Application for approval of the Continence Foundation of Australia and Australian Nursing Federation Collective Agreement 2012-2016.

[1] An application has been made for approval of an enterprise agreement known as the Continence Foundation of Australia and Australian Nursing Federation Collective Agreement 2012-2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Continence Foundation of Australia. 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 Agreement is approved and, in accordance with s.54, will operate from 9 July 2013. The nominal expiry date of the Agreement is 30 March 2016.

[4] The Australian Nursing Federation 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.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties in the case were the Continence Foundation of Australia and the Australian Nursing Federation, who were seeking approval of their collective agreement for the period 2012-2016. The dispute arose from the requirement under the Fair Work Act 2009 for the approval of certain collective agreements by the Fair Work Commission. The legal issues before the court included whether the agreement met the statutory requirements for approval and whether it was consistent with the principles of the Fair Work Act.

The court examined the collective agreement to determine if it complied with the provisions of the Fair Work Act. It assessed whether the agreement contained the necessary minimum terms and conditions, and whether it was fair and reasonable in the context of the broader industrial relations system. The court also considered whether the agreement was consistent with the objects of the Act, which include promoting higher wages and better working conditions, as well as ensuring fairness and flexibility in the workplace.

The court found that the collective agreement was in compliance with the requirements of the Fair Work Act. It was satisfied that the agreement contained the necessary minimum terms and conditions, and that it was fair and reasonable in the context of the industrial relations system. The court also determined that the agreement was consistent with the objects of the Act. As a result, the court approved the collective agreement.

The final orders of the court were that the collective agreement between the Continence Foundation of Australia and the Australian Nursing Federation for the period 2012-2016 be approved. The court's decision provided certainty and stability for the parties, and ensured that the agreement would be implemented in accordance with the provisions of the Fair Work Act.

Continence Foundation of Australia

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established