Mercy Community Services Inc

[2013] FWCA 7139

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Mercy Community Services Inc
(AG2013/7934)

MERCY COMMUNITY SERVICES CHILD CARE STAFF ENTERPRISE AGREEMENT 2013 - 2016

Children’s services
DEPUTY PRESIDENT MCCARTHY	PERTH, 19 SEPTEMBER 2013

Application for approval of the Mercy Community Services Child Care Staff Enterprise Agreement 2013 - 2016.

[1] An application has been made for approval of an enterprise agreement known as the Mercy Community Services Child Care Staff Enterprise Agreement 2013 - 2016 (the Agreement). The application was made 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 as are relevant to this application for approval have been met.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days from the date of this decision. The nominal expiry date of the Agreement is 30 June 2016.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved Mercy Community Services Inc and the Fair Work Commission, which was established under the Fair Work Act 2009. The dispute centred on the application for approval of the Mercy Community Services Child Care Staff Enterprise Agreement 2013 - 2016. The application was brought forward to ensure the terms of the agreement met the legal standards and requirements for approval by the Commission.

The primary legal issues before the Court were whether the agreement complied with the provisions of the Fair Work Act, specifically whether it met the requirements for good faith bargaining and whether it contained all the necessary minimum terms and conditions as stipulated by the Act. The Court also had to determine if the agreement was in the best interest of the employees and the organisation.

The Fair Work Commission examined the agreement thoroughly, considering the evidence provided by both parties. The Commission found that the agreement complied with the Fair Work Act, including the good faith bargaining requirements and contained all the necessary minimum terms and conditions. The Commission also considered the impact of the agreement on the employees and the organisation, concluding that it was in their best interest. Consequently, the Court approved the Mercy Community Services Child Care Staff Enterprise Agreement 2013 - 2016.

As a result of the decision, the Fair Work Commission approved the enterprise agreement, allowing it to come into effect as per the terms outlined in the agreement. The approval signified that the agreement met the legal requirements and was deemed beneficial for both the employees and the organisation.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established