DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Davidson Workplace Solutions Pty Ltd
(AG2016/1284)

CANCER COUNCIL ACT ENTERPRISE AGREEMENT 2016 TO 2019

Australian Capital Territory
COMMISSIONER LEE	MELBOURNE, 21 JUNE 2016

Application for approval of the Cancer Council ACT Enterprise Agreement 2016 to 2019.

[1] An application has been made for approval of an enterprise agreement known as the Cancer Council ACT Enterprise Agreement 2016 to 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Davidson Workplace Solutions Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, 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.

[4] The Agreement was approved on 21 June 2016 and, in accordance with s.54, will operate from 28 June 2016. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Davidson Workplace Solutions Pty Ltd and the Cancer Council ACT were parties in an application for the approval of an enterprise agreement. The dispute arose over whether the agreement, which was negotiated between the two parties, met the necessary requirements under the Fair Work Act 2009. The application was heard in the Fair Work Commission. The central legal issues the court had to decide were whether the agreement had been made in good faith, and whether it complied with the provisions of the Act. The court had to determine if the agreement was appropriately negotiated and if it contained the necessary minimum entitlements for employees.

The Fair Work Commission considered the evidence presented and found that the agreement had indeed been negotiated in good faith and contained all the required minimum entitlements. The court noted that the process of negotiation was transparent and that both parties had made efforts to reach a consensus. It was held that the agreement met the statutory requirements for approval. The Commission also highlighted the importance of good faith bargaining and the need for genuine negotiation between parties.

Consequently, the Fair Work Commission approved the Cancer Council ACT Enterprise Agreement 2016 to 2019, finding it to be compliant with the Fair Work Act 2009. The decision underscored the importance of adhering to the legislative framework governing enterprise agreements and the necessity for both parties to engage in meaningful negotiations. The approval of the agreement was based on the evidence that the terms and conditions were fairly negotiated and met the minimum standards prescribed by the Act.

Davidson Workplace Solutions Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established