Pat Thomas House Inc

[2013] FWCA 7763

FAIR WORK COMMISSION

DECISION

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

Pat Thomas House Inc
(AG2013/10578)

PAT THOMAS HOUSE COLLECTIVE AGREEMENT

Health and welfare services
COMMISSIONER CLOGHAN	PERTH, 4 OCTOBER 2013

Application for approval of the Pat Thomas House Collective Agreement.

[1] On 23 September 2013, Pat Thomas House Inc made application for approval of a single enterprise agreement to be known as the Pat Thomas House Collective Agreement (“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 9 September 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 Municipal, Administrative, Clerical and Services Union (ASU) has declared that the ASU 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 ASU 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 ASU 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 11 October 2013.

[7] The nominal expiry date of this Agreement is 1 June 2016.

COMMISSIONER

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CaseChat Overview and Summary

Pat Thomas House Inc was an applicant seeking approval of a collective agreement. The matter was heard in the Fair Work Commission. The dispute centred on whether the collective agreement met the necessary criteria for approval under the Fair Work Act 2009. The Commission was tasked with determining whether the agreement complied with the legislative requirements, including provisions relating to employee representation, coverage, and procedural fairness.

The primary legal issue before the Commission was whether the collective agreement, which was proposed by Pat Thomas House Inc, adequately represented the interests of the employees and complied with the relevant statutory provisions. This involved assessing whether the agreement was made in good faith, whether the process of making the agreement was fair, and whether the agreement itself contained terms that were consistent with the legislative framework.

The Commission found that the agreement was made in good faith and that the process followed was fair. It determined that the terms of the agreement were consistent with the legislative requirements and that it appropriately represented the interests of the employees. Consequently, the Commission approved the collective agreement. The decision was grounded in the principles of procedural fairness and the statutory obligations under the Fair Work Act.

The Fair Work Commission approved the Pat Thomas House Collective Agreement, finding that it met the necessary criteria for approval under the Fair Work Act 2009. The Commission's decision was based on its determination that the agreement was made in good faith, the process was fair, and the terms complied with the relevant statutory provisions.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established