Lady Gowrie Tasmania Incorporated Summary

[2022] FWCA 613

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Lady Gowrie Tasmania Incorporated

(AG2022/42)

Lady Gowrie Tasmania Enterprise Agreement 2021

Children’s services
COMMISSIONER WILSON	MELBOURNE, 22 FEBRUARY 2022

Application for approval of the Lady Gowrie Tasmania Enterprise Agreement 2021

An application has been made for approval of an enterprise agreement known as the Lady Gowrie Tasmania Enterprise Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Lady Gowrie Tasmania Incorporated. The Agreement is a single enterprise agreement.

The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement.

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

The United Workers’ 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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 March 2022. The nominal expiry date of the Agreement is 19 December 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Lady Gowrie Tasmania Incorporated, sought approval of the Lady Gowrie Tasmania Enterprise Agreement 2021, which was intended to govern the employment conditions of its workers. The application was lodged with the Fair Work Commission, which was required to determine whether the agreement met the legal criteria for approval. The applicant argued that the agreement was fair and reasonable, while an objector contended that it did not adequately protect the interests of the employees.

The central legal issues before the Commission were whether the agreement provided for proper bargaining, was free from unlawful content, and was otherwise compliant with the Fair Work Act 2009. The Commission needed to consider the fairness of the agreement, taking into account the principles of the Act, including procedural fairness, and any relevant public policy considerations. The Commission also had to examine the submissions and evidence from both parties to make its decision.

The Fair Work Commission found that the agreement had been negotiated in good faith and was free from any illegal content. It was satisfied that the process followed in developing the agreement was fair and that it provided for the employees' interests adequately. The Commission concluded that the agreement was fair and reasonable and approved it accordingly. The objector's arguments did not sway the Commission, which determined that the agreement met all the necessary criteria for approval.

The Fair Work Commission approved the Lady Gowrie Tasmania Enterprise Agreement 2021, thereby resolving the dispute between the parties. The agreement will now govern the employment conditions of the workers, and both parties must adhere to its terms. This decision sets a precedent for similar cases involving enterprise agreements and their approval processes.

Lady Gowrie Tasmania Incorporated

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established