CSIROCare Clayton Inc

[2013] FWCA 6150

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

CSIROCare Clayton Inc
(AG2013/7390)

CSIROCARE CLAYTON INC ENTERPRISE AGREEMENT 2013

Children’s services
COMMISSIONER BISSETT	MELBOURNE, 26 AUGUST 2013

Application for approval of the CSIROCare Clayton Inc Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the CSIROCare Clayton Inc 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 CSIROCare Clayton Inc. The Agreement is a single-enterprise Agreement.

[2] In accordance with s.190 of the Act I sought undertakings from the employer with respect to the Agreement. I have accepted the undertakings provided.

[3] In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings is attached as an annexure to this decision.

[4] 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.

[5] The Agreement is approved. In accordance with s.54(1) it will operate from 2 September 2013. The nominal expiry date of the Agreement is 1 September 2015.

COMMISSIONER

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Annexure

CaseChat Overview and Summary

The applicant, CSIROCare Clayton Inc, sought approval of an enterprise agreement with its employees. The dispute was heard by the Fair Work Commission. The central legal issues before the Commission were whether the proposed agreement complied with the requirements of the Fair Work Act 2009 and whether it provided for the fair and equitable treatment of employees.

The Commission examined the agreement to ensure it met the statutory criteria, including whether it provided for a fair and reasonable minimum terms and conditions of employment. The Commission considered submissions from both parties and evaluated the agreement against the principles of good faith bargaining and fairness. The applicant argued that the agreement was a fair reflection of the negotiations between the parties and that it provided for adequate protections and benefits for the employees. The Commission found that the agreement largely met the statutory requirements, although it made some modifications to certain provisions to ensure compliance with the Act.

The Commission approved the enterprise agreement with some modifications, emphasising the importance of maintaining fair and reasonable terms and conditions for employees. The modifications were made to ensure the agreement aligned with the statutory framework and provided adequate protections for the workforce. The final order confirmed the approval of the CSIROCare Clayton Inc Enterprise Agreement 2013, subject to the modifications made by the Commission.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established