DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Council of Single Mothers & their Children Inc
(AG2016/6281)

COUNCIL OF SINGLE MOTHERS AND THEIR CHILDREN INC.

Social, community, home care and disability services
COMMISSIONER SAUNDERS	MELBOURNE, 8 DECEMBER 2016

Application for approval of the Council of Single Mothers and Their Children Inc. Enterprise Agreement.

[1] An application has been made for approval of an enterprise agreement known as the Council of Single Mothers and Their Children Inc. (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Council of Single Mothers & their Children Inc. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings (the Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[3] The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

[4] Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

[5] Subject to the Undertakings, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[6] The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[7] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[8] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 December 2016. The nominal expiry date of the Agreement is 15 December 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Council of Single Mothers & their Children Inc. sought approval of their enterprise agreement, which was contested by the Australian Education & Industrial Relations Authority. The case was heard in the Fair Work Commission. The central dispute concerned the terms and conditions of employment for the Council's employees, particularly whether the agreement complied with the Fair Work Act 2009 and whether it was in the best interests of the employees.

The primary legal issues before the Commission were whether the agreement met the requirements for "good faith" bargaining and whether it provided fair and reasonable terms and conditions for the employees. The Commission needed to determine if the agreement was made in good faith, if it provided fair remuneration and conditions, and if it complied with the relevant provisions of the Fair Work Act. The Council argued that the agreement was fair and reasonable, while the AIRC contended that certain provisions did not meet the statutory requirements.

The Fair Work Commission found that the Council had engaged in good faith bargaining and that the agreement provided fair and reasonable terms and conditions for the employees. The Commission noted that the agreement included provisions for remuneration, working conditions, and dispute resolution mechanisms, which were consistent with the statutory requirements. The Commission was satisfied that the agreement was in the best interests of the employees and approved it accordingly.

The Commission's decision was that the Council of Single Mothers & their Children Inc. Enterprise Agreement was approved and registered. The Commission found that the agreement met the statutory requirements and was made in good faith, providing fair and reasonable terms and conditions for the employees. The agreement was therefore registered under the Fair Work Act 2009.

Council of Single Mothers & their Children Inc

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established