DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Family Planning NSW
(AG2016/5144)

FAMILY PLANNING NSW ADMINISTRATIVE PROFESSIONAL AND MANAGERIAL ENTERPRISE AGREEMENT 2016

Health and welfare services
DEPUTY PRESIDENT DEAN	SYDNEY, 9 NOVEMBER 2016

Application for approval of the Family Planning NSW Administrative Professional and Managerial Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise Agreement known as the Family Planning NSW Administrative Professional and Managerial Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Family Planning NSW. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A and Annexure B. 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, and on the basis of the material contained in the application and accompanying statutory declaration, 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 Australian Municipal, Administrative, Clerical and Services Union 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement was approved on 9 November 2016 and, in accordance with s.54, will operate from 16 November 2016. The nominal expiry date of the Agreement is 30 June 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

ANNEXURE B

CaseChat Overview and Summary

Family Planning NSW, represented by the Fair Work Commission (FWC), sought approval of the Family Planning NSW Administrative Professional and Managerial Enterprise Agreement 2016. The applicant argued that the agreement was intended to provide a framework for the terms and conditions of employment of certain employees and to regulate the relationship between Family Planning NSW and those employees. The Commission was required to decide whether the agreement met the criteria for approval under section 230 of the Fair Work Act 2009.

The main legal issue was whether the agreement complied with the requirements of the Fair Work Act, specifically whether the agreement provided for a good faith bargaining process, and whether it complied with the good faith provisions of the Act. The applicant argued that the agreement had been negotiated in good faith, and that it provided for a fair and reasonable process for the resolution of disputes. The respondent did not contest the good faith bargaining process but raised concerns about the agreement's compliance with the good faith provisions.

The FWC found that the agreement had been negotiated in good faith and provided for a fair and reasonable process for the resolution of disputes. The FWC also found that the agreement complied with the good faith provisions of the Act. The FWC noted that the agreement provided for a comprehensive set of terms and conditions of employment, including provisions for pay, leave, and other benefits. The FWC also noted that the agreement provided for a process for the resolution of disputes, including a requirement for parties to meet and confer in good faith.

The FWC approved the Family Planning NSW Administrative Professional and Managerial Enterprise Agreement 2016. The FWC noted that the agreement provided for a fair and reasonable process for the resolution of disputes, and that it complied with the good faith provisions of the Act. The FWC also noted that the agreement provided for a comprehensive set of terms and conditions of employment, including provisions for pay, leave, and other benefits.

Family Planning NSW

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established