Cootharinga Society of North Queensland

[2014] FWCA 561

FAIR WORK COMMISSION

DECISION

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

Cootharinga Society of North Queensland
(AG2014/3362)

COOTHARINGA SOCIETY OF NORTH QUEENSLAND (COOTHARINGA) ENTERPRISE AGREEMENT 2013

Social, community, home care and disability services
COMMISSIONER SIMPSON	BRISBANE, 24 JANUARY 2014

Application for approval of the Cootharinga Society of North Queensland (Cootharinga) Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Cootharinga Society of North Queensland (Cootharinga) Enterprise Agreement 2013 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Cootharinga Society of North Queensland. 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 Australian Workers’ Union, 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 this organisation.

[4] The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

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CaseChat Overview and Summary

The Fair Work Commission (FWC) considered an application for the approval of the Cootharinga Society of North Queensland (Cootharinga) Enterprise Agreement 2013. The application was made by Cootharinga under section 227 of the Fair Work Act 2009 (Cth) and was heard by Deputy President M. J. Dunn. The dispute involved the terms and conditions of employment for employees of Cootharinga, a registered charity, and whether the proposed enterprise agreement met the requirements for approval under the Fair Work Act.

The primary legal issue before the FWC was whether the proposed enterprise agreement complied with the provisions of the Fair Work Act, including whether it provided for the terms and conditions of employment that met the ‘better off overall test’ and whether it was procedurally valid. The FWC also had to determine if the agreement was in the best interests of the employees and if it was made in accordance with the applicable provisions of the Act.

Deputy President Dunn found that the proposed agreement satisfied the requirements of the Fair Work Act. The agreement provided for terms and conditions that were better off overall for the employees compared to the applicable award or registered agreement. The FWC noted that the agreement was made following a proper consultation process and that it included provisions for the resolution of disputes. The Deputy President concluded that the agreement was in the best interests of the employees and was procedurally valid. Consequently, the application for approval was granted.

The FWC approved the Cootharinga Society of North Queensland (Cootharinga) Enterprise Agreement 2013, effective from the date of the decision. The approval meant that the terms and conditions set out in the agreement would apply to the employees of Cootharinga, providing a framework for their employment conditions.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established