Redfern Legal Centre Summary

[2014] FWCA 6475

FAIR WORK COMMISSION

DECISION

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

Redfern Legal Centre
(AG2014/1990)

REDFERN LEGAL CENTRE ENTERPRISE AGREEMENT

Social, community, home care and disability services
DEPUTY PRESIDENT BOOTH	SYDNEY, 16 SEPTEMBER 2014

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. The agreement is a single-enterprise agreement.

[2] The Australian Services Union NSW and ACT Services Branch, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover them. In accordance with s.201(2) of the Act, I note that the Agreement covers this organisation.

[3] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 September 2014. The nominal expiry date of the Agreement is 23 September 2016.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Redfern Legal Centre applied for approval of an Enterprise Agreement between the Centre and its employees. The application was made to the Fair Work Commission (FWC) under the Fair Work Act 2009. The Centre was a not-for-profit community legal centre providing free legal advice and assistance to the community. The employees were represented by the Community and Public Sector Union (CPSU).

The legal issues for the FWC to determine were whether the agreement complied with the relevant legislative provisions and whether it should be certified as a "single interest" enterprise agreement. Certification of the agreement would make it legally binding on the parties. The FWC had to consider whether the agreement covered all employees, provided for the appropriate terms and conditions, and met the requirements of the Act. The Centre argued that the agreement was in the best interests of the employees and the Centre.

The FWC found that the agreement complied with the relevant provisions of the Act. It covered all employees, provided for appropriate terms and conditions, and met the requirements for certification as a "single interest" enterprise agreement. The FWC noted that the agreement provided for appropriate pay and conditions, including a salary increase over the term of the agreement, and provided for the resolution of disputes through an agreed process. The FWC was satisfied that the agreement was in the best interests of the employees and the Centre and approved the agreement. The agreement was registered and became legally binding on the parties.

Redfern Legal Centre

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established