Family Planning Tasmania Summary

[2024] FWCA 1693

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Family Planning Tasmania

(AG2024/1172)

FAMILY PLANNING TASMANIA ENTERPRISE AGREEMENT 2023

Health and welfare services
COMMISSIONER MCKINNON	SYDNEY, 8 MAY 2024

Application for approval of the Family Planning Tasmania Enterprise Agreement 2023

Family Planning Tasmania has applied for approval of a single enterprise agreement known as the Family Planning Tasmania Enterprise Agreement 2023 (the Agreement).

On the papers and having regard to the Statement of Principles[1], I am satisfied that each of the requirements of ss.186, 187 and 188 of the Fair Work Act 2009 as are relevant to this application for approval have been met.

The Agreement is approved and will operate from 15 May 2024. The nominal expiry date of the Agreement is 30 June 2025.

The Agreement covers the Australian Municipal, Administrative, Clerical and Services Union and the Australian Nursing and Midwifery Federation.

COMMISSIONER

[1] Fair Work (Statement of Principles on Genuine Agreement) Instrument 2023.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Family Planning Tasmania has applied for the Fair Work Commission's approval of the Family Planning Tasmania Enterprise Agreement 2023. The dispute centred around whether the proposed agreement met the legal requirements for approval under the Fair Work Act 2009. The Fair Work Commission was tasked with determining if the agreement was in the best interests of the employees and whether it complied with the relevant legislative provisions.

The court had to consider several key legal issues. These included whether the agreement provided for the proper operation of the enterprise, ensured fairness for employees, and was consistent with the principles of the Fair Work Act. Additionally, the court examined if the agreement had been negotiated in good faith and if it met the criteria for a low paid industry award.

The Fair Work Commission found that the proposed agreement was in the best interests of the employees and complied with the necessary legislative requirements. The commission noted that the agreement provided for the proper operation of Family Planning Tasmania and ensured fairness for employees. Furthermore, the commission was satisfied that the agreement had been negotiated in good faith and met the criteria for a low paid industry award. Consequently, the commission approved the Family Planning Tasmania Enterprise Agreement 2023.

The Fair Work Commission's decision was made in favour of Family Planning Tasmania. The commission approved the enterprise agreement, allowing it to come into effect. This outcome ensures that the agreement is legally binding and can be implemented within the organisation.

Family Planning Tasmania

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established