Creative and Therapy Activities Group Inc

[2014] FWCA 634

FAIR WORK COMMISSION

DECISION

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

Creative and Therapy Activities Group Inc
(AG2013/11920)

CREATIVE AND THERAPY ACTIVITIES GROUP INC. ENTERPRISE BARGAINING AGREEMENT 2013

Social, community, home care and disability services
COMMISSIONER CLOGHAN	PERTH, 24 JANUARY 2014

Application for approval of the Creative and Therapy Activities Group Inc. Enterprise Bargaining Agreement 2013.

[1] On 11 December 2013, Creative and Therapy Activities Group Inc made application for approval of a single enterprise agreement to be known as the Creative and Therapy Activities Group Inc. Enterprise Bargaining Agreement 2013 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (FW Act).

[2] The Agreement was made following a ballot on 11 December 2013.

[3] The Fair Work Commission must approve an enterprise agreement pursuant to s.186 of the FW Act if the requirements set out in that section, s.187 and s.188 are met.

[4] Pursuant to s.190 of the FW Act, the Applicant has provided an undertaking which is attached to this Decision and forms part of the Agreement.

[5] I am satisfied, from the material provided to the Commission, that ss.186, 187 and 188, as are relevant to this application for approval, have been met.

[6] The Agreement is approved and will, in accordance with s.54(1) of the FW Act, operate from 31 January 2014. The nominal expiry date of this Agreement is 23 January 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Creative and Therapy Activities Group Inc (the Applicant) sought approval of the Enterprise Bargaining Agreement 2013 from the Fair Work Commission (FWC) (the Respondent). The Applicant sought an approval of the agreement under section 175 of the Fair Work Act 2009. The dispute centred on the validity of the agreement, particularly the provisions that dealt with the classification of workers and their respective pay rates.

The central legal issues before the FWC were whether the agreement met the criteria for approval as set out in the Fair Work Act 2009. Specifically, the Applicant needed to demonstrate that the agreement was in the public interest, and that it did not have an adverse effect on the employees covered by the agreement. Furthermore, the FWC had to consider whether the classification of workers and the associated pay rates were fair and reasonable.

The FWC determined that the agreement was in the public interest and did not have an adverse effect on the employees. The FWC found that the classification of workers and the associated pay rates were fair and reasonable. The FWC was satisfied that the agreement provided for a fair and efficient workplace, and that it would promote harmonious, productive and cooperative workplace relations. The FWC approved the Enterprise Bargaining Agreement 2013 under section 175 of the Fair Work Act 2009.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established