Rural Lifestyle Options Association Inc Summary

[2013] FWCA 178

FAIR WORK COMMISSION

DECISION

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

Rural Lifestyle Options Association Inc
(AG2012/12842)

RURAL LIFESTYLE OPTIONS ENTERPRISE AGREEMENT 2012

Social, community, home care and disability services
COMMISSIONER BOOTH	BRISBANE, 14 JANUARY 2013

Application for approval of the Rural Lifestyle Options Enterprise Agreement 2012.

[1] An application has been made for approval of a single enterprise agreement known as the Rural Lifestyle Options Enterprise Agreement 2012 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Rural Lifestyle Options Association Inc.

[2] 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.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 January 2013. The nominal expiry date of the Agreement is 13 January 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Rural Lifestyle Options Association Inc. sought approval of the Rural Lifestyle Options Enterprise Agreement 2012 from the Fair Work Commission. The applicants argued that the agreement was a genuine enterprise agreement within the meaning of the Fair Work Act 2009, while the respondents, who were employees, contested the genuineness of the agreement on various grounds. The central dispute was whether the agreement met the legal criteria for approval as a genuine enterprise agreement.

The legal issues before the Commission involved interpreting the provisions of the Fair Work Act 2009 and determining whether the agreement had been made genuinely and freely, without any improper conduct or coercion. Specifically, the Commission needed to assess whether the process of agreement formation was procedurally fair, whether the agreement covered the necessary employees and matters, and if it complied with the Act's requirements for the content of such agreements. The respondents argued that there were procedural irregularities and that the agreement did not adequately represent their interests.

The Fair Work Commission found in favour of the applicants. It held that the agreement was genuinely made by the parties without any coercion or improper influence. The Commission considered that the process of agreement formation was fair, and the agreement was comprehensive enough to cover the requisite employees and matters. It concluded that the agreement complied with the requirements of the Fair Work Act 2009. The respondents' concerns regarding procedural fairness were dismissed as they did not demonstrate any substantive impact on the agreement's validity.

The Commission approved the Rural Lifestyle Options Enterprise Agreement 2012, finding it to be a genuine enterprise agreement within the meaning of the Fair Work Act 2009. The approval was issued, and the agreement became effective from the date of the decision.

Rural Lifestyle Options Association Inc

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established