St Laurence Community Services Inc.

[2013] FWCA 3105

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

St Laurence Community Services Inc.
(AG2013/1144)

ST. LAURENCE COMMUNITY SUPPORT SERVICES ENTERPRISE AGREEMENT, 2012 - 2014

Social, community, home care and disability services
DEPUTY PRESIDENT HAMILTON	MELBOURNE, 16 MAY 2013

Application for approval of the St Laurence Community Support Services Enterprise Agreement, 2012 - 2014.

[1] An application has been made for approval of an enterprise agreement known as the St. Laurence Community Support Services Enterprise Agreement, 2012 - 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by St Laurence Community Services Inc. The agreement is a single enterprise agreement.

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

[3] The Agreement is approved and, in accordance with s.54, will operate from 24 May 2013. The nominal expiry date of the Agreement is 30 June 2014.

[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 it wants the Agreement to cover it. In accordance with s.201(2), I note that the Agreement covers the organisation.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In this matter, St Laurence Community Services Inc. sought approval of their Enterprise Agreement for the period 2012-2014. The application was heard by the Fair Work Commission in Australia. The dispute arose as the agreement, which was to be applied to a range of employees, needed formal endorsement by the Commission to be legally binding.

The primary legal issue before the Commission was whether the proposed agreement complied with the relevant provisions of the Fair Work Act 2009, particularly in terms of procedural fairness and whether it met the requirements of a "single, integrated" agreement. The Commission had to consider if the agreement was fair and reasonable, taking into account various statutory factors and the interests of both employers and employees.

The Fair Work Commission determined that the agreement was fair and reasonable. The Commission noted that the agreement had been negotiated in good faith and that the parties had engaged in a meaningful negotiation process. It was found that the agreement addressed the needs of both parties and was not disadvantageous to any party. The Commission was satisfied that the agreement met all statutory requirements and did not contravene any provisions of the Act. Consequently, the Commission approved the agreement.

The final order of the Commission was to approve the St Laurence Community Support Services Enterprise Agreement, 2012-2014, as it was found to be fair, reasonable, and compliant with the requirements of the Fair Work Act 2009. The agreement was thus formally endorsed and became legally binding between the parties involved.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established