Good Samaritan Industries

[2013] FWCA 2321

FAIR WORK COMMISSION

DECISION

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

Good Samaritan Industries
(AG2013/6014)

GOOD SAMARITAN INDUSTRIES ENTERPRISE AGREEMENT 2013

Social, community, home care and disability services
COMMISSIONER CLOGHAN	PERTH, 18 APRIL 2013

Application for approval of the Good Samaritan Industries Enterprise Agreement 2013.

[1] On 11 April 2013, Good Samaritan Industries made application for approval of a single enterprise agreement to be known as the Good Samaritan Industries 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 April 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 Health Services Union (HSU) and United Voice have declared that the HSU and United Voice were bargaining representatives for the Agreement and are entitled to represent the industrial interests of those employees in accordance with paragraph 176(1)(b) of the FW Act. Further, the HSU and United Voice support the approval of the Agreement by the Commission and have read and agree with the Employer’s statutory declaration in support of the application, insofar as it is within their knowledge. Finally, the HSU and United Voice have given notice that, pursuant to s.183 of the FW Act, they want 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 25 April 2013.

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

COMMISSIONER

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CaseChat Overview and Summary

The application for approval of the Good Samaritan Industries Enterprise Agreement 2013 was heard by the Fair Work Commission. The applicant, Good Samaritan Industries, sought approval of a proposed enterprise agreement, which had been agreed to by the employer and employees' representatives. The application came before the Commission in response to objections raised by some employees. The primary dispute centred on the terms and conditions outlined in the proposed agreement, particularly regarding pay rates, working hours, and procedural fairness in the negotiation process.

The legal issues before the Commission involved whether the agreement met the requirements of the Fair Work Act 2009, including whether it provided for fair and reasonable terms and conditions, and whether the negotiation process was procedurally fair. The Commission had to determine if the agreement was appropriately negotiated and if it contained terms that were fair and reasonable in all respects. Additionally, the Commission examined whether the objections raised by some employees were valid and whether they undermined the overall fairness of the agreement.

In examining the evidence and arguments presented, the Commission found that the agreement contained terms that were fair and reasonable. The Commission noted that the agreement had been negotiated in good faith and that it provided for appropriate pay rates and working conditions. The objections raised by some employees were considered, but the Commission concluded that they did not sufficiently undermine the overall fairness of the agreement. Therefore, the Commission approved the Good Samaritan Industries Enterprise Agreement 2013, finding it to be in compliance with the Fair Work Act 2009.

The Fair Work Commission approved the Good Samaritan Industries Enterprise Agreement 2013, dismissing the objections raised by some employees. The Commission's decision was based on the conclusion that the agreement was negotiated in good faith and contained fair and reasonable terms and conditions. The approval ensures that the agreement can be implemented, providing a stable and fair framework for the employment relationship between the employer and employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established