DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Grow
(AG2016/7652)

GROW ENTERPRISE AGREEMENT 2016

Social, community, home care and disability services
COMMISSIONER SAUNDERS	SYDNEY, 13 FEBRUARY 2017

Application for approval of the Grow Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Grow Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Grow. 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) I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 February 2017. The nominal expiry date of the Agreement is 12 February 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in the Grow case were the Fair Work Commission, the applicant, and the respondent, which was the employer. The dispute centered around the application for approval of the Grow Enterprise Agreement 2016. The Fair Work Commission was tasked with determining whether the agreement met the legal criteria for approval under the Fair Work Act 2009.

The legal issues before the court were primarily focused on whether the agreement adhered to the statutory requirements outlined in the Fair Work Act, including whether it provided for the terms and conditions of employment in a manner that was fair and reasonable. The court had to assess if the agreement satisfied the provisions of the Act, particularly in relation to the process by which it was negotiated and the content of the agreement itself.

In reaching its decision, the Fair Work Commission examined the negotiation process and the content of the Grow Enterprise Agreement 2016. The Commission found that the agreement was negotiated in good faith and that it contained provisions that were fair and reasonable in all respects. The court was satisfied that the agreement complied with the statutory requirements and did not contain any terms that were contrary to public policy. Consequently, the Commission approved the agreement.

The final orders of the Fair Work Commission were that the Grow Enterprise Agreement 2016 be approved as a registered agreement. This meant that the terms and conditions outlined in the agreement would be legally binding on the employer and the employees covered by the agreement. The approval signified that the agreement met all the necessary legal standards for fairness and reasonableness.

Grow

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established