DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Redfern Legal Centre Limited T/A Redfern Legal Centre
(AG2018/609)

REDFERN LEGAL CENTRE ENTERPRISE AGREEMENT

Social, community, home care and disability services
COMMISSIONER SAUNDERS	NEWCASTLE, 9 MARCH 2018

Application for approval of the Redfern Legal Centre Enterprise Agreement.

[1] An application has been made for approval of an enterprise agreement known as the Redfern Legal Centre Enterprise Agreement (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Redfern Legal Centre Limited T/A Redfern Legal Centre. The Agreement is a single enterprise agreement.

[2] 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.

[3] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 March 2018. The nominal expiry date of the Agreement is 8 March 2020.

COMMISSIONER

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 Redfern Legal Centre Enterprise Agreement. The dispute arose between Redfern Legal Centre Limited, trading as Redfern Legal Centre, and its employees, represented by the Shop, Distributive and Allied Employees Association. The primary issue was whether the proposed enterprise agreement met the necessary criteria for approval under the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement was fairly negotiated, free from any improper influence, and whether it complied with the procedural requirements and substantive provisions outlined in the Act.

The Commission's task was to carefully examine the negotiation process and the contents of the agreement to ensure compliance with the legal standards. Key considerations included whether the agreement was negotiated in good faith, if it provided for a fair and reasonable outcome for both parties, and if it adhered to the procedural requirements such as the provision of relevant information and the opportunity for proper consultation. Additionally, the Commission assessed whether the agreement met the minimum terms and conditions as prescribed by the Act and if it contained any provisions that might be deemed unfair or contrary to public policy.

In its decision, the Commission found that the enterprise agreement was fairly negotiated and met all the necessary criteria for approval. The Commission noted that the negotiation process was conducted in good faith, with proper consultation and provision of relevant information. The agreement was deemed to be fair and reasonable, providing a balanced outcome for both the employer and the employees. The Commission further confirmed that the agreement complied with all procedural and substantive requirements under the Fair Work Act, and there were no provisions that were considered unfair or contrary to public policy. Consequently, the application for approval of the Redfern Legal Centre Enterprise Agreement was successful.

The Fair Work Commission approved the Redfern Legal Centre Enterprise Agreement, effective from the date of the decision. This approval ensures that the terms and conditions set out in the agreement will govern the employment relationship between Redfern Legal Centre and its employees, subject to the provisions of the Fair Work Act.

Redfern Legal Centre Limited T/A Redfern Legal Centre

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established