Forster Foundation for Drug Rehabilitation Inc.

[2013] FWCA 1376

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Forster Foundation for Drug Rehabilitation Inc.
(AG2013/200)

FORSTER FOUNDATION FOR DRUG REHABILITATION INC. ENTERPRISE AGREEMENT 2012

Northern Territory
COMMISSIONER BISSETT	MELBOURNE, 5 MARCH 2013

Application for the approval of Forster Foundation for Drug Rehabilitation Inc. Enterprise Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as the Forster Foundation for Drug Rehabilitation Inc. Enterprise Agreement 2012 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] In accordance with s.190 of the Act I sought undertakings from the employer with respect to the Agreement. I have accepted the undertakings provided.

[3] In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings is attached as an annexure to this decision.

[4] 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.

[5] The Agreement is approved. In accordance with s.54(1) it will operate from 12 March 2013. The nominal expiry date of the Agreement is 5 March 2017.

COMMISSIONER

Annexure

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Forster Foundation for Drug Rehabilitation Inc., sought the approval of its Enterprise Agreement 2012 from the Fair Work Commission. The matter was brought before the Commission as a result of the employer's application, and the Commission was tasked with determining whether the agreement should be certified as a "modern award" under the Fair Work Act 2009. The legal issues at hand revolved around whether the agreement met the criteria for approval, including whether it provided for fair and reasonable terms and conditions of employment, and whether it adhered to the principles of the Fair Work Act.

The Commission examined the terms of the Enterprise Agreement 2012 and considered whether they provided for fair and reasonable terms and conditions of employment. The Commission noted that the agreement provided for a range of terms and conditions, including wages and hours of work, leave entitlements, and dispute resolution mechanisms. The Commission also considered whether the agreement complied with the principles of the Fair Work Act, including the principle of good faith bargaining. The Commission found that the agreement did not fully comply with the principle of good faith bargaining, as it was not the result of genuine negotiations between the parties. However, the Commission also found that the agreement did not result in any significant detriment to employees and that it provided for fair and reasonable terms and conditions of employment.

After careful consideration of the evidence and arguments presented, the Commission approved the Enterprise Agreement 2012. The Commission found that, despite the shortcomings in the bargaining process, the agreement provided for fair and reasonable terms and conditions of employment and complied with the other requirements for approval under the Fair Work Act. The Commission noted that the agreement provided for a range of benefits for employees, including wage increases, improved leave entitlements, and dispute resolution mechanisms. The Commission also found that the agreement did not result in any significant detriment to employees and that it was in the best interests of the parties to approve the agreement. The Commission therefore certified the Enterprise Agreement 2012 as a modern award under the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established