Independent Living Centre of WA Incorporated

[2013] FWCA 9710

FAIR WORK COMMISSION

DECISION

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

Independent Living Centre of WA Incorporated
(AG2013/11795)

INDEPENDENT LIVING CENTRE OF WA INCORPORATED HEALTH SERVICES UNION (HSUWA) ENTERPRISE AGREEMENT 2013

Health and welfare services
COMMISSIONER CLOGHAN	PERTH, 11 DECEMBER 2013

Application for approval of the Independent Living Centre of WA Incorporated Health Services Union (HSUWA) Enterprise Agreement 2013

[1] On 3 December 2013, Independent Living Centre of WA Incorporated made application for approval of a single enterprise agreement to be known as the Independent Living Centre of WA Incorporated Health Services Union (HSUWA) Enterprise Agreement 2013 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (FW Act).

[2] The Agreement was made following a ballot on 19 November 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) has declared that the HSU 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 HSU 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 HSU 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 18 December 2013.

[7] The nominal expiry date of this Agreement is 9 September 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved the Independent Living Centre of WA Incorporated and the Health Services Union (HSUWA). The Independent Living Centre sought approval of the Enterprise Agreement 2013. The dispute centred on whether the agreement met the requirements of the Fair Work Act 2009 and the Fair Work Regulations 2009, particularly regarding the proper representation of employees and the fair and reasonable nature of the agreement.

The legal issues that the court had to address included whether the Independent Living Centre had genuinely negotiated the agreement with the appropriate representatives of the employees. Additionally, the court needed to assess whether the terms of the agreement were fair and reasonable, considering the employees' needs and interests. The court also had to determine if the agreement complied with the provisions of the Fair Work Act and the Fair Work Regulations.

In reaching its decision, the court considered evidence of the negotiation process and the terms of the agreement. It found that the agreement had been genuinely negotiated with the appropriate representatives of the employees and that the terms were fair and reasonable. The court also concluded that the agreement complied with the relevant provisions of the Fair Work Act and the Fair Work Regulations. Therefore, the court approved the agreement, finding it to be appropriately negotiated and fair.

The final order was that the Independent Living Centre of WA Incorporated Health Services Union (HSUWA) Enterprise Agreement 2013 be approved in accordance with the Fair Work Act 2009.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established