Family Mediation Centre

[2013] FWCA 372

FAIR WORK COMMISSION

DECISION

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

Family Mediation Centre
(AG2012/14514)

FAMILY MEDIATION CENTRE ENTERPRISE AGREEMENT 2012

Social, community, home care and disability services
COMMISSIONER HAMPTON	ADELAIDE, 17 JANUARY 2013

Application for approval of the Family Mediation Centre Enterprise Agreement 2012 .

[1] An application has been made for approval of an enterprise agreement known as the Family Mediation Centre Enterprise Agreement 2012 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Family Mediation Centre. The Agreement is a single-enterprise agreement.

[2] 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] Australian Municipal, Administrative, Clerical and Services Union - Victorian and Tasmanian Authorities and Services Branch, 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) of the Act I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 January 2013. The nominal expiry date of the Agreement is 1 June 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case before the court, the Family Mediation Centre sought approval of the Family Mediation Centre Enterprise Agreement 2012. The application was brought before the Fair Work Commission, which was required to assess the agreement under the Fair Work Act 2009. The primary concern was whether the agreement met the necessary criteria for approval, particularly in relation to its compliance with the provisions of the Fair Work Act.

The legal issues central to the case involved the interpretation and application of the Fair Work Act 2009. The court needed to determine if the agreement appropriately reflected the terms and conditions of employment for the employees covered by the agreement and if it adhered to the statutory requirements for approval. This included assessing whether the agreement covered all necessary bargaining units and if it provided for fair and reasonable terms and conditions.

The court examined the Family Mediation Centre Enterprise Agreement 2012 and found it to be compliant with the requirements of the Fair Work Act 2009. The agreement was deemed to cover all relevant employees, included fair and reasonable terms, and satisfied the necessary conditions for approval. Consequently, the court approved the agreement, confirming its validity and applicability as an enterprise agreement.

The Fair Work Commission approved the Family Mediation Centre Enterprise Agreement 2012, setting aside any previous agreements and establishing this agreement as the current and enforceable enterprise agreement. This decision ensures that the terms and conditions of employment for the employees are governed by the newly approved agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established