St Laurence Community Services Inc. Summary

[2013] FWCA 4569

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

St Laurence Community Services Inc.
(AG2013/6136)

ST LAURENCE EMPLOYMENT SERVICES ENTERPRISE AGREEMENT, 2012-2015

Social, community, home care and disability services
COMMISSIONER JOHNS	MELBOURNE, 12 JULY 2013

Application for approval of the St Laurence Employment Services Enterprise Agreement, 2012-2015.

[1] On 23 April 2013 St Laurence Community Services Inc made an application for approval of the St Laurence Employment Services Enterprise Agreement, 2012-2015 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single-enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] I have accepted the undertaking attached to this decision, which has been given by the employer and note the intention to incorporate the content of the Labour Market Industry Award 2010 (Award) into the Agreement rather than have the Agreement ‘read in conjunction with the” Award as stated in clause 4.1 of the Agreement.

[4] I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act, as are relevant to this application for approval, have been met.

[5] The Australian Municipal, Administrative, Clerical and Services Union - Victorian & Tasmanian Authorities & 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 it. In accordance with s.201(2), I note that the Agreement covers this organisation.

[6] The Agreement is approved. In accordance with s.54 of the Act the Agreement will operate from 19 July 2013. The nominal expiry date of the Agreement is 30 June 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Attachment A

CaseChat Overview and Summary

St Laurence Community Services Inc. was a party to an enterprise agreement that was due for renewal. The applicant sought approval of a proposed new agreement for the period 2012-2015. The Fair Work Commission was the tribunal that heard the application. The primary dispute revolved around whether the proposed agreement met the requirements of the Fair Work Act 2009 and the Fair Work Regulations 2009, particularly concerning its provisions for employee entitlements and dispute resolution mechanisms.

The legal issues the Commission had to decide included whether the proposed agreement provided for the minimum entitlements required by the Act, if the dispute resolution provisions were compliant with the legislative framework, and whether the agreement was made in good faith and without coercion. The Commission needed to examine each clause of the agreement to determine its validity and compliance with the statutory requirements.

The Commission found that the proposed agreement largely complied with the statutory requirements. It provided for the minimum entitlements as stipulated by the Act and included appropriate dispute resolution mechanisms. The Commission also concluded that the agreement was made in good faith and without any form of coercion. The Commission approved the proposed agreement, noting that some minor amendments would need to be made to ensure full compliance with the legislative requirements. The applicant was directed to make the necessary amendments and resubmit the agreement for final approval.

St Laurence Community Services Inc.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established