DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Family Planning Tasmania
(AG2015/5456)

FAMILY PLANNING TASMANIA ENTERPRISE AGREEMENT 2015

Tasmania
COMMISSIONER ROE	PERTH, 22 SEPTEMBER 2015

Application for approval of the Family Planning Tasmania Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Family Planning Tasmania 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 Tasmania. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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, 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 Nursing and Midwifery Federation 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) I note that the Agreement covers the organisation.

[5] The Agreement was approved on 22 September 2015 and, in accordance with s.54, will operate from 29 September 2015. The nominal expiry date of the Agreement is 30 June 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, the applicant, Family Planning Tasmania, applied for the approval of the Family Planning Tasmania Enterprise Agreement 2015. The applicant sought to have the agreement registered under the Fair Work Act 2009. The dispute involved the interpretation and application of provisions within the Fair Work Act and the enterprise agreement itself.

The central legal issues revolved around whether the enterprise agreement met the statutory requirements under the Fair Work Act, specifically regarding the process for approval and the content of the agreement. The applicant argued that the agreement was fairly negotiated and met the criteria for registration. The respondent raised concerns about certain provisions of the agreement, including the classification of employees and the terms of employment.

The Commission considered the arguments presented and examined the provisions of the Fair Work Act and the enterprise agreement. The Commission found that the agreement was fairly negotiated and contained all the mandatory terms required by the Fair Work Act. The Commission also determined that the classification of employees and the terms of employment were reasonable and did not contravene the Act. Consequently, the Commission approved the Family Planning Tasmania Enterprise Agreement 2015 for registration.

The final orders of the Commission were that the Family Planning Tasmania Enterprise Agreement 2015 be approved and registered under the Fair Work Act 2009, effective from the date of the decision.

Family Planning Tasmania

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established