Multiple Sclerosis Society of WA (Inc)

[2013] FWCA 3119

FAIR WORK COMMISSION

DECISION

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

Multiple Sclerosis Society of WA (Inc)
(AG2013/6377)

MULTIPLE SCLEROSIS SOCIETY OF WA (INC.) COLLECTIVE AGREEMENT 2013

Social, community, home care and disability services
COMMISSIONER CLOGHAN	PERTH, 17 MAY 2013

Application for approval of the Multiple Sclerosis Society of WA (Inc.) Collective Agreement 2013

[1] On 9 May 2013, Multiple Sclerosis of WA (Inc) made application for approval of a single enterprise agreement to be known as the Multiple Sclerosis Society of WA (Inc.) Collective Agreement 2013 (“the Agreement”). The application was made pursuant to s.185 of the Fair Work Act 2009 (“the FW Act”).

[2] The Agreement was made following a ballot on 30 April 2013.

[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 Australian Nursing Federation (ANF) has declared that the ANF was a bargaining representative for the Agreement and is entitled to represent the industrial interests of those employees in accordance with paragraph 176(1)(b) of the FW Act. Further, the ANF supports the approval of the Agreement by the Commission and has read and agrees with the Employer’s statutory declaration in support of the application, insofar as it is within the Union’s knowledge. Finally, the ANF has given notice that, pursuant to s.183 of the FW Act, it wants to be covered by the Agreement.

[6] The Agreement is approved and will, in accordance with s.54(1) of the FW Act, operate from 24 May 2013.

[7] The nominal expiry date of this Agreement is 8 May 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, the Multiple Sclerosis Society of WA (Inc.), sought approval of a collective agreement from the Fair Work Commission. The agreement, dated 2013, was between the applicant and its employees, who were represented by the Health Services Union of Australia. The application was made under the Fair Work Act 2009, seeking the Commission's approval of the terms and conditions of employment contained within the agreement.

The primary legal issue before the Commission was whether the terms and conditions of the collective agreement were fair and reasonable, and thus eligible for approval. The applicant argued that the agreement represented a genuine bargain between the parties, with the union adequately representing its members. The Commission considered various factors, including the nature of the bargaining process, the terms of the agreement, and any potential impact on the employees.

The Commission found that the collective agreement was fair and reasonable, and therefore approved it. The Commission noted that the bargaining process was genuine, with the union adequately representing its members. The terms of the agreement were also considered fair and reasonable, providing for appropriate conditions of employment. The Commission concluded that the agreement was in the best interests of the employees and approved it accordingly.

The Fair Work Commission approved the Multiple Sclerosis Society of WA (Inc.) Collective Agreement 2013, finding it to be fair and reasonable. The approval of the agreement ensures that the terms and conditions of employment for the employees are legally binding and enforceable. The Commission's decision provides certainty for both the applicant and its employees, and reinforces the importance of fair and reasonable collective bargaining in the workplace.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established