DECISION

Fair Work Act 2009
s.185—Enterprise agreement

CSIROCare Clayton Inc T/as CSIROCare Clayton
(AG2017/2873)

CSIROCARE CLAYTON INC ENTERPRISE AGREEMENT 2017

Children’s services
DEPUTY PRESIDENT KOVACIC	CANBERRA, 21 NOVEMBER 2017

Application for approval of the CSIROCare Clayton Inc Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the CSIROCare Clayton Inc Enterprise Agreement 2017 (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 T/as CSIROCare Clayton. The Agreement is a single enterprise agreement.

[2] Subject to concerns that have been addressed by way of undertakings, 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.

[3] As noted, pursuant to s.190(3), I have accepted undertakings from CSIROCare Clayton Inc T/as CSIROCare Clayton. 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 are attached to this decision.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 November 2017. The nominal expiry date of the Agreement is 28 November 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case of CSIROCare Clayton Inc T/as CSIROCare Clayton involved an application to the Fair Work Commission for the approval of the CSIROCare Clayton Inc Enterprise Agreement 2017. The applicant, CSIROCare Clayton Inc, sought to have the agreement recognised as a registered agreement under the Fair Work Act 2009. The application was contested by the union representing the employees, which raised concerns about various aspects of the proposed agreement.

The legal issues before the Fair Work Commission centred on whether the proposed agreement complied with the statutory requirements for registration. Key concerns included the adequacy of employee representation during the negotiation process, the fairness of the terms and conditions proposed in the agreement, and whether the agreement met the necessary standards for good faith bargaining and industrial action provisions. The union argued that the agreement failed to adequately protect employee interests and did not reflect a fair outcome of the negotiation process.

The Fair Work Commission, in its decision, examined the evidence presented regarding the negotiation process and the content of the proposed agreement. The Commission found that the negotiation process was conducted in good faith and that the agreement contained terms and conditions that were fair and reasonable. The Commission concluded that the agreement met the statutory requirements for registration and approved the CSIROCare Clayton Inc Enterprise Agreement 2017. Consequently, the application for approval was successful.

As a result of the Commission's decision, the CSIROCare Clayton Inc Enterprise Agreement 2017 was registered under the Fair Work Act 2009. This registration means that the terms and conditions set out in the agreement are legally binding on both the employer and the employees covered by the agreement.

CSIROCare Clayton Inc T/as CSIROCare Clayton

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established