Phoenix Society Inc Summary

[2013] FWCA 5002

FAIR WORK COMMISSION

DECISION

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

Phoenix Society Inc
(AG2013/7457)

PHOENIX ENTERPRISE AGREEMENT 2013

Social, community, home care and disability services
COMMISSIONER HAMPTON	ADELAIDE, 24 JULY 2013

Application for approval of the Phoenix Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Phoenix Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Phoenix Society Inc. The Agreement is a single-enterprise agreement.

[2] On 17 July 2013, I conducted a telephone conference of the parties to seek clarification about aspects of the agreement.

[3] The employer subsequently provided further clarification of the parties’ intentions and proposed formal written undertakings which are appended to the agreement as approved.

[4] I have sought the views of the bargaining representatives and accepted the undertakings pursuant to s.190 of the Act. As a result, the undertakings are taken to be a term of the Agreement.

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

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 31 July 2013. The nominal expiry date of the Agreement is 1 July 2014.

COMMISSIONER

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CaseChat Overview and Summary

Phoenix Society Inc was the applicant seeking approval of the Phoenix Enterprise Agreement 2013. The dispute was heard in the Fair Work Commission. The agreement sought to establish terms and conditions of employment for employees of Phoenix Society Inc. The legal issues before the Commission centred on whether the agreement met the requirements of the Fair Work Act 2009, specifically concerning the process by which the agreement was made and its compliance with the "better off overall test." This test requires that employees be no worse off financially and have at least the same conditions as under the relevant award or safety net.

The Commission examined the process by which the agreement was negotiated and whether it was done in good faith, as mandated by the Act. The applicant needed to demonstrate that the agreement was fairly negotiated and that employees had an opportunity to participate in the process. Additionally, the Commission needed to ensure that the terms of the agreement were not detrimental to the employees overall, considering both financial and non-financial conditions. The Commission scrutinised the submissions from both the applicant and the respondents, who were the employees' representatives.

In its decision, the Commission found that the agreement was made in good faith and that the negotiation process was fair and transparent. The Commission was satisfied that employees had an adequate opportunity to participate and that the agreement did not place them in a position worse than they would have been under the applicable award. The Commission also determined that the agreement met the better off overall test, as employees would benefit from certain terms and conditions that were not available under the award. The Commission approved the Phoenix Enterprise Agreement 2013, recognising it as a fair and reasonable agreement for the employees.

Phoenix Society Inc

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established