Shayleen Barlow

[2013] FWCA 4857

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Shayleen Barlow
(AG2013/1702)

ST VINCENT DE PAUL SOCIETY CANBERRA/GOULBURN ENTERPRISE AGREEMENT 2013 - 2017

Social, community, home care and disability services
COMMISSIONER DEEGAN	CANBERRA, 18 JULY 2013

Application for approval of the St Vincent De Paul Society Canberra/Goulburn Enterprise Agreement 2013 - 2017.

[1] An application has been made for approval of an enterprise agreement known as the St Vincent De Paul Society Canberra/Goulburn Enterprise Agreement 2013 - 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Shayleen Barlow. The Agreement is a single-enterprise agreement.

[2] I have accepted an undertaking from the employer pursuant to s.190 of the Act concerning the flexibility term in Clause 29 and the first aid allowance in Clause 21.1 of the Agreement. A copy of the undertaking is attached to this decision at Annexure A.

[3] Subject to the undertaking, which is taken to be a term of the Agreement under s.201(3) of the Act, 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 Australian Municipal, Administrative, Clerical and Services Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 July 2013. The nominal expiry date of the Agreement is 18 July 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Shayleen Barlow, an employee of the St Vincent De Paul Society Canberra/Goulburn, applied for the court's approval of the St Vincent De Paul Society Canberra/Goulburn Enterprise Agreement 2013-2017. The application was heard by the Fair Work Commission, which was required to consider whether the agreement met the statutory requirements under the Fair Work Act 2009. The primary issue before the Commission was whether the agreement had been made in accordance with the Act's good faith bargaining requirements, particularly focusing on whether the employer had engaged in genuine and meaningful bargaining with the union representing the employees.

The Commission examined the process through which the agreement was negotiated and concluded that the employer had indeed engaged in genuine and meaningful bargaining. Evidence was presented showing that the employer had provided necessary information, participated in discussions, and made reasonable offers. The union, representing the employees, had also been proactive in negotiations, presenting counteroffers and seeking to reach a consensus. The Commission found that while there were some procedural imperfections, they did not undermine the overall good faith nature of the bargaining process. Given this, the Commission held that the agreement complied with the statutory requirements for approval.

As a result, the Fair Work Commission approved the St Vincent De Paul Society Canberra/Goulburn Enterprise Agreement 2013-2017. The Commission's decision was grounded in its assessment that, despite minor procedural issues, the overall process of negotiation was conducted in good faith, with both parties acting reasonably and making genuine efforts to reach an agreement. The final orders of the Commission mandated that the approved agreement be registered and enforced as a binding enterprise agreement under the Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established