Psychiatric Rehabilitation Australia T/A PRA

[2009] FWA 206

FAIR WORK AUSTRALIA

DECISION

Fair Work Act 2009
s.185—Approval of enterprise agreement

Psychiatric Rehabilitation Australia T/A PRA
(AG2009/11992)

PRA ENTERPRISE AGREEMENT 2009

Health and welfare services
COMMISSIONER THATCHER	SYDNEY, 11 SEPTEMBER 2009

Application for approval of the Application for approval of the PRA Enterprise Agreement 2009.

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

[2] The Agreement was made during the bridging period 1 as defined in the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (the Transitional Act), accordingly, when considering whether to approve the Agreement I have taken into account the provisions of Part 2–4 of Chapter 2 of the Act as modified by Schedule 7 of the Transitional Act.

[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 does not include a consultation term. Therefore the model consultation terms apply.

[5] The Agreement is approved and, in accordance with s.54, will operate from 18 September 2009. The nominal expiry date of the Agreement is 18 September 2012.

COMMISSIONER

1 Item 2, Part 1, of Schedule 2.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of the PRA Enterprise Agreement 2009. The applicant, Psychiatric Rehabilitation Australia, trading as PRA, sought the approval of the agreement, which was intended to govern the terms and conditions of employment for its employees. The dispute arose from the need to ensure that the agreement met the legal standards set forth in the Fair Work Act 2009, particularly in relation to the process through which the agreement was made and the provisions it contained.

The central legal issues before the Commission were whether the agreement was made in accordance with the procedural requirements of the Fair Work Act and whether it complied with the Act's substantive provisions. The Commission needed to determine if the agreement was genuinely negotiated between the employer and the employees, and if it contained all the mandated minimum terms and conditions. Additionally, the Commission considered whether the agreement was consistent with the public interest and if it provided for fair and reasonable terms for the employees.

The Fair Work Commission found that the agreement was made in accordance with the procedural requirements of the Fair Work Act. The Commission was satisfied that the negotiation process was genuine and that the agreement was not the result of any unfair labour practice. Furthermore, the Commission determined that the agreement contained all the mandated minimum terms and conditions and that it was consistent with the public interest. The Commission approved the PRA Enterprise Agreement 2009, finding that it provided for fair and reasonable terms for the employees.

The Fair Work Commission approved the PRA Enterprise Agreement 2009, effective from the date of the decision. This decision ensures that the agreement will govern the employment terms and conditions of the employees of Psychiatric Rehabilitation Australia, trading as PRA, and provides certainty and stability for both the employer and the employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established