Goldfields Individual and Family Support Association

[2013] FWCA 5051

FAIR WORK COMMISSION

DECISION

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

Goldfields Individual and Family Support Association
(AG2013/1998)

GOLDFIELDS INDIVIDUAL AND FAMILY SUPPORT ASSOCIATION INCORPORATED COLLECTIVE ENTERPRISE AGREEMENT 2013

Social, community, home care and disability services
COMMISSIONER CLOGHAN	PERTH, 25 JULY 2013

Application for approval of the Goldfields Individual and Family Support Association Incorporated Collective Enterprise Agreement 2013.

[1] On 17 July 2013, Goldfields Individual and Family Support Association made application for approval of a single enterprise agreement to be known as the Goldfields Individual and Family Support Association Incorporated Collective 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 5 July 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 1 August 2013.

[7] The nominal expiry date of this Agreement is 30 June 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Goldfields Individual and Family Support Association was the subject of an application for the approval of its 2013 Collective Enterprise Agreement, brought before the Fair Work Commission. The application was made by the association, seeking formal endorsement of the agreement which outlines the terms and conditions of employment for its staff. The dispute centred around whether the agreement complied with the Fair Work Act 2009 and if it was fair and reasonable in terms of both the employees and the association. The Fair Work Commission, with its jurisdiction under the Fair Work Act, was tasked with assessing the agreement's compliance and fairness.

The primary legal issues before the Commission involved scrutinising the agreement to determine if it met the legislative standards of the Fair Work Act, including provisions related to minimum entitlements, procedural fairness, and the overall reasonableness of the terms. The Commission also needed to evaluate if the agreement provided a fair balance between the interests of the employees and the association. This involved assessing aspects such as wage rates, working conditions, and other employment-related terms stipulated in the agreement.

In its decision, the Fair Work Commission carefully examined the terms of the agreement and considered submissions from both the association and the employees. The Commission found that the agreement was largely compliant with the requirements of the Fair Work Act and contained provisions that were fair and reasonable. The analysis included a detailed review of the minimum entitlements provided, the process for resolving disputes, and the overall fairness of the agreement's terms. Ultimately, the Commission approved the agreement, acknowledging its balance between the needs of the association and the rights of the employees.

The Commission's final orders included the approval of the Goldfields Individual and Family Support Association Incorporated Collective Enterprise Agreement 2013, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission, ensuring its legal enforceability and providing a clear framework for the employment relationship between the association and its staff.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established