DECISION

Fair Work Act 2009
s.185—Enterprise agreement

National Association of Community Legal Centres
(AG2016/1364)

NATIONAL ASSOCIATION OF COMMUNITY LEGAL CENTRES ENTERPRISE AGREEMENT 2016-2020

Social, community, home care and disability services
COMMISSIONER SAUNDERS	NEWCASTLE, 1 JULY 2016

Application for approval of the National Association of Community Legal Centres Enterprise Agreement 2016-2020.

[1] An application has been made for approval of an enterprise agreement known as the National Association of Community Legal Centres Enterprise Agreement 2016-2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by National Association of Community Legal Centres. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings (the Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[3] The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

[4] Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

[5] Subject to the Undertakings, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[6] 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) I note that the Agreement covers the organisation.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 July 2016. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The National Association of Community Legal Centres sought approval of an Enterprise Agreement for the period 2016-2020. The application was brought before the Fair Work Commission, the relevant federal body overseeing workplace relations in Australia. The Association, as the applicant, aimed to secure a legally binding agreement that would govern the employment conditions of its members within the specified timeframe. The legal issues before the Commission were whether the proposed agreement met the necessary criteria for approval under the Fair Work Act 2009, including whether it provided for the proper classification of employees, fair remuneration, and reasonable working conditions. Additionally, the Commission had to determine if the agreement was made in good faith and whether it complied with the provisions for independent assessment and approval.

The Fair Work Commission meticulously examined the proposed agreement, focusing on its compliance with the legislative framework. The Commission considered whether the agreement provided for fair and reasonable terms and conditions, ensuring that it did not unduly disadvantage any party. The Commission also evaluated the process through which the agreement was negotiated, assessing whether it was made in good faith and whether there was genuine consultation between the parties. The Commission further assessed the agreement's alignment with the principles of the Fair Work Act, including its fairness to employees and its contribution to productive workplace relations. After thorough deliberation, the Commission concluded that the agreement met all the statutory requirements for approval.

The Fair Work Commission approved the National Association of Community Legal Centres Enterprise Agreement 2016-2020, finding it to be fair and reasonable in all respects. The Commission was satisfied that the agreement was negotiated in good faith and provided for appropriate classification, remuneration, and working conditions. The decision was based on the evidence presented, which demonstrated compliance with the legislative criteria and adherence to fair work principles. The approval of the agreement ensures that the employment terms for the members of the Association are legally binding and supported by the federal workplace relations framework. The Commission's decision provides certainty and stability for both the Association and its members moving forward.

National Association of Community Legal Centres

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established