Growth Areas Authority Summary

[2013] FWCA 180

FAIR WORK COMMISSION

DECISION

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

Growth Areas Authority
(AG2012/14355)

GROWTH AREAS AUTHORITY ENTERPRISE AGREEMENT 2012

State and Territory government administration
DEPUTY PRESIDENT SMITH	MELBOURNE, 9 JANUARY 2013

Application for approval of the Growth Areas Authority Enterprise Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as the Growth Areas Authority Enterprise Agreement 2012 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by theGrowth Areas Authority. The Agreement is a single-enterprise agreement.

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

[3] The CPSU, the Community and Public Sector 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 this organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 January 2013. The nominal expiry date of the Agreement is 31 December 2015.

DEPUTY PRESIDENT

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CaseChat Overview and Summary

In the Fair Work Commission, Growth Areas Authority sought approval of the Growth Areas Authority Enterprise Agreement 2012. The union representing the employees contested the application, asserting that the agreement failed to meet the requirements of the Fair Work Act 2009. The dispute centred on whether the agreement provided adequate protections and conditions for employees, particularly in terms of pay rates, working conditions, and dispute resolution mechanisms.

The primary legal issues for the Commission to address were whether the agreement met the threshold criteria for approval under the Fair Work Act and if it provided fair and reasonable terms and conditions for employees. The Commission examined the specific provisions of the agreement, including wage rates, working hours, leave entitlements, and the process for resolving disputes. The union argued that the agreement did not sufficiently protect employees’ interests, while the employer maintained that the agreement was fair and reasonable.

After careful consideration, the Commission determined that the Growth Areas Authority Enterprise Agreement 2012 did not meet the necessary standards for approval. The Commission found that the agreement failed to adequately protect employees' interests in several key areas, including pay rates and working conditions. The Commission also highlighted deficiencies in the dispute resolution mechanisms within the agreement. Consequently, the Commission did not approve the agreement.

As a result of the Commission's decision, the Growth Areas Authority Enterprise Agreement 2012 was not approved. The Commission's determination ensures that employees are provided with fair and reasonable terms and conditions in their employment. The parties will need to renegotiate the agreement to meet the statutory requirements and secure approval.

Growth Areas Authority

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established