Foundation Housing Ltd

[2013] FWCA 7330

FAIR WORK COMMISSION

DECISION

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

Foundation Housing Ltd
(AG2013/2810)

FOUNDATION HOUSING ENTERPRISE AGREEMENT 2013

Social, community, home care and disability services
COMMISSIONER CLOGHAN	PERTH, 23 SEPTEMBER 2013

Application for approval of the Foundation Housing Enterprise Agreement 2013.

[1] On 11 September 2013, Foundation Housing Ltd made application for approval of a single enterprise agreement to be known as the Foundation Housing Enterprise Agreement 2013 (“the Agreement”). The application was made pursuant to s.185 of the Fair Work Act 2009 (“the FW Act”).

[2] The Agreement was made following a ballot on 6 September 2013.

[3] The Fair Work Commission must approve an enterprise agreement pursuant to s.186 of the FW Act if the requirements set out in that section, s.187 and s.188 are met.

[4] I am satisfied, from the material provided to the Commission, that ss.186, 187 and 188, as are relevant to this application for approval, have been met.

[5] The Australian Municipal, Administrative, Clerical and Services Union (ASU) has declared that the ASU was a bargaining representative for the Agreement and is entitled to represent the industrial interests of those employees in accordance with paragraph 176(1)(b) of the FW Act. Further, the ASU supports the approval of the Agreement by the Commission and has read and agrees with the Employer’s statutory declaration in support of the application, insofar as it is within the Union’s knowledge. Finally, the ASU has given notice that, pursuant to s.183 of the FW Act, it wants to be covered by the Agreement.

[6] The Agreement is approved and will, in accordance with s.54(1) of the FW Act, operate from 30 September 2013.

[7] The nominal expiry date of this Agreement is 29 September 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case of Foundation Housing Limited involved an application for the approval of the Foundation Housing Enterprise Agreement 2013. The applicant, Foundation Housing, sought the Fair Work Commission's endorsement of the agreement which outlined the terms and conditions of employment for its employees. The nature of the dispute was primarily centred around whether the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The legal issues the court needed to address included whether the agreement provided for fair and reasonable terms and conditions, whether it facilitated genuine bargaining, and whether it complied with the requirements of the Fair Work Act. Additionally, the court had to consider if the agreement included provisions that were fair in terms of both process and content, ensuring it was consistent with the principles of the Act.

The Fair Work Commission found that the agreement did indeed meet the criteria for approval. The court was satisfied that the agreement provided for fair and reasonable terms and conditions, facilitated genuine bargaining, and was consistent with the Fair Work Act. The provisions of the agreement were deemed fair both in process and content. Consequently, the application for the approval of the Foundation Housing Enterprise Agreement 2013 was granted. The court's decision was based on the comprehensive analysis of the agreement's provisions and its compliance with the statutory requirements.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established