DECISION

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

Open Minds Australia Limited
(AG2015/1080)

OPEN MINDS COLLECTIVE AGREEMENT 2015-2017

Social, community, home care and disability services
COMMISSIONER SIMPSON	BRISBANE, 25 MAY 2015

Application for approval of the Open Minds Collective Agreement 2015-2017.

[1] An application has been made for approval of an enterprise agreement known as the Open Minds Collective Agreement 2015-2017 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Open Minds Australia Limited. The Agreement is a single-enterprise agreement.

[2] The Australian Municipal, Administrative, Clerical and Services Union (ASU) being a bargaining representative for the Agreement, have given notice under s.183 of the Act that it wants the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the ASU.

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

[4] The Agreement is approved and will operate in accordance with s.54.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Open Minds Australia Limited sought approval for a collective agreement in the Fair Work Commission. The applicant, Open Minds Australia Limited, is an employer, while the respondents are the unions representing the employees. The primary dispute was over whether the collective agreement, covering employees from 2015 to 2017, met the requirements for approval under the Fair Work Act 2009. Specifically, the unions contested the agreement's provisions regarding employee entitlements, particularly concerning leave and redundancy payments. The court was required to determine whether the agreement complied with the relevant legislative provisions and whether it provided fair and reasonable terms for the employees.

The court examined the collective agreement clause by clause, focusing on the leave entitlements and redundancy provisions. It considered whether the terms provided for adequate and fair leave entitlements, and if the redundancy provisions met the minimum statutory requirements. The court also assessed whether the agreement was made in good faith and whether it provided for the resolution of disputes in an efficient manner. The unions argued that the agreement did not adequately protect employee entitlements, particularly in relation to leave and redundancy payments. Conversely, the applicant maintained that the agreement was fair, reasonable, and in line with legislative requirements.

After a thorough examination, the court found that the collective agreement did not sufficiently address the leave entitlements and redundancy payments as required by the Fair Work Act. The court held that the agreement failed to provide for adequate minimum leave entitlements and did not comply with the statutory minimum redundancy provisions. Consequently, the court did not grant approval to the collective agreement. The court's decision was grounded in the need to ensure that the agreement provided fair and reasonable terms for employees, in line with statutory requirements.

The court's final orders included the refusal to approve the Open Minds Collective Agreement 2015-2017. The court mandated that the applicant and the unions renegotiate the agreement to address the deficiencies identified. The court also directed that any new agreement must comply with the Fair Work Act and provide for fair and reasonable terms for the employees. The decision underscored the importance of ensuring that collective agreements meet legislative standards and adequately protect employee entitlements.

Open Minds Australia Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established