DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Family Planning NSW
(AG2015/5130)

FAMILY PLANNING NSW ADMINISTRATIVE, PROFESSIONAL AND MANAGERIAL ENTERPRISE AGREEMENT 2015.

Health and welfare services
DEPUTY PRESIDENT BOOTH	SYDNEY, 15 OCTOBER 2015

Application for approval of the Family Planning NSW Administrative, Professional and Managerial Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Family Planning NSW Administrative, Professional and Managerial Enterprise Agreement 2015 (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 Australian Services Union NSW/ACT (services) Branch, being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act, I note that the Agreement covers this organisation.

[3] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 October 2015. The nominal expiry date of the Agreement is 30 June 2016.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter involves an application by Family Planning NSW for the approval of their Administrative, Professional and Managerial Enterprise Agreement 2015. The application was heard in the Fair Work Commission, where the primary issue was whether the agreement met the statutory requirements for approval under the Fair Work Act 2009. This includes ensuring that the agreement does not contain any terms that are contrary to public policy or that would have an adverse effect on the health and safety of employees.

The central legal issue the Commission addressed was whether the agreement's terms were fair and reasonable, considering the need for a balance between the interests of the employer and the employees. This required an examination of the provisions of the agreement, including those relating to remuneration, working conditions, and dispute resolution mechanisms. The Commission also had to consider whether the agreement provided adequate protections for employees and whether it complied with the procedural requirements for approval.

The Fair Work Commission found that the agreement was fair and reasonable, noting that it contained provisions that protected the health and safety of employees and provided for fair dispute resolution mechanisms. The Commission was satisfied that the agreement did not contain any terms that were contrary to public policy or that would have an adverse effect on the employees. The Commission also found that the agreement complied with the procedural requirements for approval, including the requirement for proper consultation between the parties. Consequently, the Commission approved the agreement, recognising the balanced approach taken in the negotiations and the protections provided for the employees.

The Fair Work Commission's decision to approve the Family Planning NSW Administrative, Professional and Managerial Enterprise Agreement 2015 highlights the importance of ensuring that enterprise agreements are fair, reasonable, and comply with statutory requirements. The decision also underscores the need for proper consultation and negotiation processes to be followed when developing such agreements. The approval of this agreement provides a framework for the relationship between Family Planning NSW and its employees, ensuring that both parties' interests are considered in a fair and balanced manner.

Family Planning NSW

DECISION

CaseChat Overview and Summary

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Background to the litigation

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Legal Principle Established