Employer Association of Small and Medium Enterprises Inc.

[2013] FWCA 9929

FAIR WORK COMMISSION

DECISION

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

Employer Association of Small and Medium Enterprises Inc.
(AG2013/10404)

EASME ENTERPRISE AGREEMENT (NO: 1)

Clerical industry
COMMISSIONER CARGILL	SYDNEY, 20 DECEMBER 2013

Application for approval of the EASME Enterprise Agreement (No: 1).

[1] An application has been made for approval of an enterprise agreement known as the EASME Enterprise Agreement (No: 1) (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by the Employer Association of Small and Medium Enterprises Inc. The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Agreement is approved and, in accordance with s.54, will operate from 27 December 2013. The nominal expiry date is four years from the date of approval.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the court involved the Employer Association of Small and Medium Enterprises Inc. (EASME) and their application for the approval of the EASME Enterprise Agreement (No: 1). The nature of the dispute was the approval of the enterprise agreement, which was sought to be implemented between the EASME and its employees. The matter was heard in the Fair Work Commission, which is the relevant tribunal for such matters.

The primary legal issues the court had to address were whether the enterprise agreement met the statutory requirements under the Fair Work Act 2009. This included verifying if the agreement had been made in good faith, if it contained the mandated minimum terms and conditions, and if it had been properly certified. The court also needed to determine whether the agreement was made in a manner consistent with the principles of the Fair Work Act.

The court, after reviewing the evidence and submissions, found that the EASME Enterprise Agreement met all the statutory requirements. The agreement had been made in good faith, it contained the required minimum terms and conditions, and it was properly certified. The court was satisfied that the agreement was made in accordance with the principles of the Fair Work Act. Consequently, the court approved the EASME Enterprise Agreement (No: 1). No further orders were made by the court beyond the approval of the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established