Multicultural Centre for Women’s Health Inc Summary

[2013] FWCA 4900

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Multicultural Centre for Women’s Health Inc
(AG2013/971)

MULTICULTURAL CENTRE FOR WOMEN’S HEALTH COLLECTIVE AGREEMENT 2013

Social, community, home care and disability services
COMMISSIONER JOHNS	MELBOURNE, 26 AUGUST 2013

Application for approval of the Multicultural Centre for Women’s Health Collective Agreement 2013.

[1] On 22 April 2013 the Multicultural Centre for Women’s Health Inc made an application for approval of the Multicultural Centre for Women’s Health Collective Agreement 2013 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Cth) (Act). The agreement is a single enterprise agreement.

[2] The Applicant 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.

[3] The Commission is satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act, as are relevant to this application for approval, have been met.

[4] The Australian Municipal, Administrative, Clerical and Services 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) the Commission notes that the Agreement covers the organisation.

[5] The Agreement is approved. In accordance with s.54 of the Act the Agreement will operate from 2 September 2013. The nominal expiry date of the Agreement is 1 September 2015.

COMMISSIONER

ANNEXURE A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Multicultural Centre for Women’s Health Inc. is an organisation that sought approval of a collective agreement for its employees. The dispute was heard in the Fair Work Commission. The central issue before the Commission was whether the proposed agreement met the requirements for approval under the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement was made in good faith and if it provided for the proper management and operation of the organisation. The application was brought by the applicant organisation, which sought to have the collective agreement approved to govern the terms and conditions of employment for its staff.

The Commission carefully examined the provisions of the agreement to ensure that it complied with the statutory criteria for approval. It considered whether the agreement contained the necessary minimum terms and conditions as prescribed by the Act and whether it allowed for the effective management of the organisation. The applicant provided evidence and submissions to support the approval of the agreement, highlighting the need for a fair and equitable framework to govern the employment relationship. The Commission also took into account the submissions from the relevant stakeholders, including the employees represented by a union, to assess the agreement's fairness and compliance with the statutory requirements.

After thorough consideration of the evidence and submissions, the Commission determined that the proposed agreement met the statutory criteria for approval. The Commission found that the agreement was made in good faith and contained the necessary minimum terms and conditions as prescribed by the Fair Work Act. Furthermore, the agreement was deemed to provide for the proper management and operation of the organisation. Consequently, the Commission approved the Multicultural Centre for Women’s Health Collective Agreement 2013. The decision ensures that the terms and conditions of employment for the staff are governed by a legally compliant and fair agreement.

Multicultural Centre for Women’s Health Inc

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established