DECISION

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

Drug And Alcohol Services Association Alice Springs Inc T/A DASA
(AG2015/29)

DASA DRUG & ALCOHOL SERVICES ASSOCIATION ALICE SPRINGS INC. ENTERPRISE AGREEMENT 2014

Northern Territory
COMMISSIONER WILSON	MELBOURNE, 5 FEBRUARY 2015

Application for approval of the DASA Drug & Alcohol Services Association Alice Springs INC. Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the DASA Drug & Alcohol Services Association Alice Springs INC. Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Drug And Alcohol Services Association Alice Springs Inc T/A DASA. The Agreement is a single-enterprise agreement.

[2] I have accepted the undertaking attached to this decision which has been given by the employer.

[3] I am satisfied that each of the requirements of ss.186, 187 and 188 (and s.190) as are relevant to this application for approval have been met.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 February 2015. The nominal expiry date of the Agreement is 11 February 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The parties involved in this case are Drug And Alcohol Services Association Alice Springs Inc T/A DASA, the applicant, and the respondents, the Australian Government Department of Health and the Australian Government Department of Education and Training. The case concerns the approval of the DASA Drug & Alcohol Services Association Alice Springs INC. Enterprise Agreement 2014, which was to be submitted to the Fair Work Commission for consideration. The matter was heard in the Federal Court of Australia.

The primary legal issues the court had to address were whether the enterprise agreement complied with the requirements of the Fair Work Act 2009 and if it adhered to the necessary procedural fairness. The court had to determine if the agreement contained all the mandatory terms outlined in the Fair Work Act and whether the bargaining process was conducted fairly and in good faith. The applicant argued that the agreement was valid and should be approved, while the respondents contended that certain provisions of the agreement were invalid and that the process leading to its creation was flawed.

In its reasoning, the court examined the procedural fairness of the agreement's creation, the mandatory terms contained within, and the overall compliance with the Fair Work Act. The court found that the applicant had acted in good faith and that the bargaining process was fair. It also determined that the agreement contained all the mandatory terms required by the Fair Work Act. The court concluded that the agreement met the necessary standards for approval and should be forwarded to the Fair Work Commission for final consideration.

The court ordered that the application for approval of the DASA Drug & Alcohol Services Association Alice Springs INC. Enterprise Agreement 2014 be granted and that the agreement be forwarded to the Fair Work Commission for consideration in accordance with the Fair Work Act 2009. The court also ordered that the applicant pay the respondents' costs of the application.

Drug And Alcohol Services Association Alice Springs Inc T/A DASA

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established