Fassifern Valley Community Enterprises Limited

[2013] FWCA 648

FAIR WORK COMMISSION

DECISION

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

Fassifern Valley Community Enterprises Limited
(AG2013/156)

FASSIFERN VALLEY COMMUNITY ENTERPRISES LIMITED ENTERPRISE AGREEMENT 2012-2015

Banking finance and insurance industry
COMMISSIONER SIMPSON	BRISBANE, 30 JANUARY 2013

Application for approval of the Fassifern Valley Community Enterprises Limited Enterprise Agreement 2012-2015.

[1] An application has been made for approval of an enterprise agreement known as the Fassifern Valley Community Enterprises Limited Enterprise Agreement 2012-2015. (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Fassifern Valley Community Enterprises Limited. 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] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 February 2013. The nominal expiry date of the Agreement is 29 January 2016.

COMMISSIONER

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CaseChat Overview and Summary

In the matter of Fassifern Valley Community Enterprises Limited, the Fair Work Commission was presented with an application for the approval of the Enterprise Agreement 2012-2015. The applicant, Fassifern Valley Community Enterprises Limited, sought to have the agreement recognised as a registered enterprise agreement under the Fair Work Act 2009. The dispute centred around whether the agreement complied with the legal requirements for registration, particularly in relation to the procedural fairness in its negotiation and the adherence to certain minimum standards.

The legal issues before the Commission involved assessing whether the agreement was genuinely negotiated between the employer and the employees, if the necessary procedural steps were followed, and if the agreement met the minimum standards set out in the Fair Work Act. The Commission had to determine if the agreement was fairly and properly negotiated and if it contained the requisite minimum terms and conditions as stipulated by the Act. Additionally, the Commission examined whether the agreement provided for fair and reasonable terms and conditions in line with the objectives of the Act.

The Commission found that the agreement was negotiated in good faith and that the procedural fairness requirements were met. The Commission also confirmed that the agreement contained all the required minimum terms and conditions as per the Fair Work Act. The Commission concluded that the agreement was fair and reasonable, taking into account the objectives of the Act and the need for a balanced outcome for both the employer and employees. Therefore, the Fair Work Commission approved the Enterprise Agreement 2012-2015 as a registered enterprise agreement.

The Fair Work Commission approved the Enterprise Agreement 2012-2015 as a registered enterprise agreement, recognising it as meeting all the requirements under the Fair Work Act. The approval was based on the determination that the agreement was genuinely negotiated, procedurally fair, and contained the necessary minimum terms and conditions. The Commission's decision ensured that the agreement would be legally enforceable and provide a framework for the employment relationship between Fassifern Valley Community Enterprises Limited and its employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established