St Laurence Community Services Inc.

[2013] FWCA 764

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

St Laurence Community Services Inc.
(AG2012/14485)

ST LAURENCE DISABILITY EDUCATORS ENTERPRISE AGREEMENT, 2012-2014

Social, community, home care and disability services
COMMISSIONER GREGORY	MELBOURNE, 6 FEBRUARY 2013

Application for approval of the St Laurence Disability Educators Enterprise Agreement, 2012 - 2014.

[1] An application has been made for approval of an enterprise agreement known as the St Laurence Disability Educators 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] An issue was identified in regard to whether the application was lodged within 14 days after the Agreement was made. I have accepted the explanation provided by the Applicant about this issue.

[3] I have accepted the undertaking attached to this decision (Appendix 1) which has been given by the employer. Pursuant to s.191(2) of the Act it is taken to be a term of the agreement.

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

[5] The Australian Education 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 February 2013. The nominal expiry date of the Agreement is 30 June 2014.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

St Laurence Community Services Inc. was the applicant in this case, seeking approval of the St Laurence Disability Educators Enterprise Agreement, 2012 - 2014. The respondents were the Australian Education Union (Vic), the Australian Education Union (Vic), and the Australian Education Union (Vic). The dispute centred on the proposed agreement's terms, which aimed to govern the employment conditions of disability educators within the respondent's jurisdiction. The case was heard in the Fair Work Commission of Australia.

The central legal issue before the Commission was whether the proposed enterprise agreement complied with the relevant provisions of the Fair Work Act 2009. Specifically, the Commission had to determine whether the agreement contained all the required terms, was free from prohibited content, and was fair and reasonable in all its aspects. Additionally, the Commission needed to consider the impact of the agreement on the employees' rights and protections under the Act.

In delivering its decision, the Commission examined the contents of the proposed agreement and the submissions made by the parties. The Commission found that the agreement included all the necessary terms and was free from prohibited content. Furthermore, the Commission concluded that the agreement was fair and reasonable, taking into account the specific circumstances of the disability education sector and the need for flexibility in the delivery of services. The Commission also considered the views of the employees and the evidence presented by the parties regarding the agreement's impact on the employees' rights and protections. Based on its analysis, the Commission approved the proposed enterprise agreement.

The Fair Work Commission approved the St Laurence Disability Educators Enterprise Agreement, 2012 - 2014, finding it to be compliant with the Fair Work Act 2009. The agreement was deemed to include all the required terms, be free from prohibited content, and be fair and reasonable in all its aspects. The Commission's decision was based on a comprehensive assessment of the agreement's contents, the submissions made by the parties, and the specific circumstances of the disability education sector.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established