DECISION

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

Relationships Australia (QLD)
(AG2014/10195)

RELATIONSHIPS AUSTRALIA (QLD) ENTERPRISE AGREEMENT 2014

Social, community, home care and disability services
COMMISSIONER SIMPSON	BRISBANE, 18 DECEMBER 2014

Application for approval of the Relationships Australia (Qld) Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Relationships Australia (Qld) Enterprise Agreement 2014 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Relationships Australia (QLD). The agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case before the Fair Work Commission, the applicant, Relationships Australia (Qld), sought approval for the Relationships Australia (Qld) Enterprise Agreement 2014. This agreement was intended to regulate the terms and conditions of employment for its employees. The dispute centred on whether the agreement met the necessary criteria under the Fair Work Act 2009 and whether it was appropriately made.

The primary legal issue before the court was whether the enterprise agreement was a "certified agreement" as defined by the Fair Work Act 2009. Specifically, the court had to determine whether the agreement had been made in accordance with the procedural requirements outlined in the Act. This included assessing whether the agreement had been negotiated in good faith, involved genuine bargaining, and had been appropriately certified by the Fair Work Commission.

The Fair Work Commission found that the enterprise agreement did not meet the requirements for a certified agreement. The commission held that the agreement had not been negotiated in good faith and that the process did not involve genuine bargaining. As a result, the application for approval was dismissed. The commission noted that the applicant had failed to provide sufficient evidence to demonstrate that the necessary procedural standards had been met.

As a consequence of the decision, Relationships Australia (Qld) was not granted approval for the Relationships Australia (Qld) Enterprise Agreement 2014. The commission's ruling underscored the importance of adhering to the procedural requirements set out in the Fair Work Act 2009 when negotiating and certifying enterprise agreements.

Relationships Australia (QLD)

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established