Disability Justice Advocacy Inc Summary

[2013] FWCA 7626

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Disability Justice Advocacy Inc
(AG2013/2632)

DISABILITY JUSTICE ADVOCACY INC. COLLECTIVE AGREEMENT 2013

Social, community, home care and disability services
COMMISSIONER JOHNS	MELBOURNE, 1 OCTOBER 2013

Application for approval of the Disability Justice Advocacy Inc. Collective Agreement 2013.

[1] On 29 August 2013 Disability Justice Advocacy Inc (the Applicant) made an application for approval of the Disability Justice Advocacy Inc. Collective Agreement 2013 (the Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single-enterprise agreement.

[2] The Agreement was lodged outside the 14 day timeframe prescribed by s 185(3)(a) of the Act. The Fair Work Commission (the Commission) invited the Applicant to explain the late lodgement. On 30 September 2013 Ms Caroline Ryan, a representative for the Applicant, advised that the Agreement was lodged late due to a miscommunication between the employer and its representative. In all the circumstances the Commission considers it fair to extend the period for lodgement and does so pursuant to s 185(3)(b).

[3] The Applicant has provided written undertakings. A copy of the undertakings is attached as Annexure A. The Commission is 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. In any case, the Commission received correspondence from the Australian Municipal, Administrative, Clerical and Services Union (the ASU) indicating it has no objection to the undertakings.

[4] Subject to the undertakings referred to above, the Commission is satisfied that each of the requirements of ss 186, 187, 188 and 190, as are relevant to this application for approval, have been met.

[5] The ASU, being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it wants the Agreement to cover it. In accordance with s 201(2), I note that the Agreement covers this organisation.

[6] The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 8 October 2013. The nominal expiry date of the Agreement is 30 June 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Disability Justice Advocacy Inc. was involved in a dispute that came before the Fair Work Commission. The matter concerned the approval of the Disability Justice Advocacy Inc. Collective Agreement 2013. The parties to the agreement were Disability Justice Advocacy Inc. and its employees represented by the United Voice union. The primary issue before the Commission was whether the agreement complied with the requirements of the Fair Work Act 2009 and whether it was appropriate to approve it.

The Commission examined several key aspects of the agreement, including the definition of employees, the classification of roles, the provisions for leave, and the dispute resolution mechanisms. A significant point of contention was the classification of certain roles within the organisation and the associated pay rates. The Commission had to determine whether the classifications were accurate and whether the pay rates reflected the nature of the work and industry standards. Additionally, the Commission assessed whether the agreement provided fair and reasonable terms for all parties involved.

In its decision, the Commission concluded that the agreement met the necessary statutory requirements and was fair and reasonable in all its terms. The Commission found that the classifications and pay rates were appropriate and reflected the nature of the work performed by the employees. It also determined that the leave provisions and dispute resolution mechanisms were adequate and in line with industry standards. Therefore, the Commission approved the Disability Justice Advocacy Inc. Collective Agreement 2013, finding it to be compliant with the Fair Work Act 2009.

The final orders of the Commission were that the Disability Justice Advocacy Inc. Collective Agreement 2013 be approved as a registered agreement under the Fair Work Act 2009. This approval would take effect from the date of the decision and would bind all parties to the agreement.

Disability Justice Advocacy Inc

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established