Mercy Community Services Inc

[2014] FWCA 2446

FAIR WORK COMMISSION

DECISION

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

Mercy Community Services Inc
(AG2014/5625)

MERCY COMMUNITY SERVICES INC. GENERAL STAFF ENTERPRISE AGREEMENT 2013

Social, community, home care and disability services
COMMISSIONER CLOGHAN	PERTH, 17 APRIL 2014

Application for approval of the Mercy Community Services Inc. General Staff Enterprise Agreement 2013.

[1] On 8 April 2014, Mercy Community Services Inc made application for approval of a single enterprise agreement to be known as the Mercy Community Services Inc. General Staff 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 25 March 2014.

[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 Agreement is approved and will, in accordance with s.54(1) of the FW Act, operate from 24 April 2014.

[6] The nominal expiry date of this Agreement is 23 April 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Mercy Community Services Inc was the subject of an application for approval of the Mercy Community Services Inc General Staff Enterprise Agreement 2013. The matter was heard in the Fair Work Commission. The applicant sought approval of the enterprise agreement, which was negotiated between the employer and a trade union representing the employees. The applicant argued that the agreement was fair and reasonable and should be approved in accordance with the provisions of the Fair Work Act 2009.

The legal issues before the Commission were whether the agreement complied with the requirements of the Fair Work Act and whether it was fair and reasonable in all its terms. The Commission considered whether the agreement provided for appropriate terms and conditions of employment, including wages, hours of work, leave entitlements, and other benefits. The Commission also considered whether the agreement provided for appropriate procedures for resolving disputes and whether it complied with any relevant awards or other industrial instruments.

The Commission found that the agreement was fair and reasonable in all its terms. The agreement provided for appropriate terms and conditions of employment, including wages, hours of work, leave entitlements, and other benefits. The Commission was satisfied that the agreement provided for appropriate procedures for resolving disputes and that it complied with any relevant awards or other industrial instruments. The Commission approved the agreement, which will now apply to the employees represented by the trade union.

The Commission's decision provides guidance to employers and trade unions on the requirements for negotiating and approving enterprise agreements under the Fair Work Act. The decision also highlights the importance of ensuring that enterprise agreements provide for fair and reasonable terms and conditions of employment and appropriate dispute resolution procedures. The approval of the agreement will provide certainty and stability to the employees represented by the trade union.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established