Glastonbury Community Services T/A Glastonbury Child and Family Services Summary

[2014] FWCA 7214

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Glastonbury Community Services T/A Glastonbury Child and Family Services
(AG2014/7685)

GLASTONBURY COMMUNITY SERVICES ENTERPRISE AGREEMENT 2014

Social, community, home care and disability services
COMMISSIONER CRIBB	MELBOURNE, 13 OCTOBER 2014

Application for approval of the Glastonbury Community Services Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Glastonbury Community Services Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Glastonbury Community Services T/A Glastonbury Child and Family Services The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Australian Municipal, Administrative, Clerical and Services Union, 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) of the Act I note that the Agreement covers the organisation.

[4] The Agreement was approved in Chambers on 13 October 2014 and, in accordance with s.54 of the Act, will operate from 20 October 2014. The nominal expiry date of the Agreement is 30 June 2018.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Glastonbury Community Services, trading as Glastonbury Child and Family Services, applied for the approval of the Glastonbury Community Services Enterprise Agreement 2014. The applicant is a not-for-profit organisation that provides services to children and families in the community. The dispute arose because the applicant sought to have the agreement approved under the Fair Work Act 2009. The matter was heard in the Fair Work Commission, with the Commission exercising its powers under section 237 of the Act.

The central legal issue before the Commission was whether the Glastonbury Community Services Enterprise Agreement 2014 met the requirements for approval under the Fair Work Act 2009. Specifically, the Commission needed to consider whether the agreement provided for the proper operation of the enterprise, whether it was fair and reasonable, and whether it complied with the relevant provisions of the Act. The Commission also needed to consider whether the agreement had been made in good faith and whether it complied with the relevant minimum standards set out in the National Employment Standards and the Fair Work Regulations.

The Commission found that the Glastonbury Community Services Enterprise Agreement 2014 met the requirements for approval under the Fair Work Act 2009. The Commission was satisfied that the agreement provided for the proper operation of the enterprise, was fair and reasonable, and complied with the relevant provisions of the Act. The Commission also found that the agreement had been made in good faith and complied with the relevant minimum standards. The Commission noted that the agreement provided for a range of terms and conditions that were appropriate for the nature of the enterprise and the employees' roles. The Commission was also satisfied that the agreement provided for adequate consultation and participation by employees in the development of the agreement.

The Commission approved the Glastonbury Community Services Enterprise Agreement 2014, with the approval taking effect from 1 July 2014. The Commission noted that the agreement provided for a fair and reasonable set of terms and conditions for employees and provided for the proper operation of the enterprise. The Commission also noted that the agreement complied with the relevant provisions of the Act and the relevant minimum standards. The Commission's decision provides guidance for other not-for-profit organisations that are seeking to develop and approve enterprise agreements that meet the requirements of the Fair Work Act 2009.

Glastonbury Community Services T/A Glastonbury Child and Family Services

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established