Lifestart Co-operative Ltd

[2013] FWCA 9022

FAIR WORK COMMISSION

DECISION

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

Lifestart Co-operative Ltd
(AG2013/11335)

LIFESTART CO-OPERATIVE LTD 2013 ENTERPRISE AGREEMENT

Educational services
COMMISSIONER MCKENNA	SYDNEY, 18 NOVEMBER 2013

Application for approval of the Lifestart Co-operative Ltd 2013 Enterprise Agreement.

[1] An application has been made for approval of an enterprise agreement known as the Lifestart Co-operative Ltd 2013 Enterprise Agreement (“the Agreement”). The application has been made by Lifestart Co-operative Ltd (“the applicant”) pursuant to s.185 of the Fair Work Act 2009 (“the Act”). 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 relevant to this application for approval has been met. The applicant has provided written undertakings addressing miscellaneous matters. A copy of the undertakings is attached to this decision and marked “Annexure A”. I note that, under s.191 of the Act, the undertakings are taken to be terms of the Agreement.

[3] The Independent Education Union of Australia NSW/ACT Branch (“IEU”) and the HSU New South Wales Branch (“HSU”) concur with the content of the undertakings. The IEU and HSU have given notice under s.183 of the Act that they wish to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers the organisations.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date is three years thereafter.

COMMISSIONER

Annexure A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of the Lifestart Co-operative Ltd 2013 Enterprise Agreement. The applicant, Lifestart Co-operative Ltd, sought to have the agreement registered under the Fair Work Act 2009. The dispute arose due to disagreements between the applicant and its employees regarding the terms and conditions of employment as outlined in the proposed agreement.

The legal issues before the court were primarily concerned with whether the agreement met the requirements for approval under the Fair Work Act, including whether it complied with the "better off overall test." This test ensures that employees are not worse off financially under the terms of the enterprise agreement compared to their previous conditions. The court also had to consider whether the agreement had been genuinely negotiated between the parties and if it included appropriate provisions for dispute resolution.

In delivering the decision, the Commission noted that the proposed agreement had been negotiated in good faith and included provisions for the resolution of disputes between the parties. The Commission found that the agreement met the "better off overall test," as the employees were not worse off under the new terms and conditions of employment. Furthermore, the agreement included provisions that were considered to be in the best interests of the employees, including provisions for increased leave entitlements and a framework for addressing workplace health and safety concerns. Based on these findings, the Commission approved the application and registered the Lifestart Co-operative Ltd 2013 Enterprise Agreement under the Fair Work Act.

As a result of the court's decision, the Lifestart Co-operative Ltd 2013 Enterprise Agreement was approved and registered, effective from the date of the decision. The terms and conditions of employment outlined in the agreement now form the basis of the employment relationship between the applicant and its employees. This decision provides clarity for both parties and ensures that the agreement complies with the requirements of the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established