The Cerebral Palsy Association of Western Australia Ltd T/A The Centre for Cerebral Palsy

[2014] FWCA 8125

FAIR WORK COMMISSION

DECISION

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

The Cerebral Palsy Association of Western Australia Ltd T/A The Centre for Cerebral Palsy
(AG2014/9791)

THE CEREBRAL PALSY ASSOCIATION OF WESTERN AUSTRALIA LTD. (THE CENTRE) AND HEALTH SERVICES UNION (HSUWA) ENTERPRISE AGREEMENT 2014

Health and welfare services
COMMISSIONER CLOGHAN	PERTH, 17 NOVEMBER 2014

Application for approval of The Cerebral Palsy Association of Western Australia Ltd. (The Centre) and Health Services Union (HSUWA) Enterprise Agreement 2014.

[1] On 6 November 2014, The Cerebral Palsy Association of Western Australia Ltd T/A The Ctnre for Cerebral Palsy made application for approval of a single enterprise agreement to be known as The Cerebral Palsy Association of Western Australia Ltd. (The Centre) and Health Services Union (HSUWA) Enterprise Agreement 2014 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (FW Act).

[2] The Agreement was made following a ballot on 23 October 2014.

[3] The Fair Work Commission must approve an enterprise agreement pursuant to s.186 of the FW Act if the requirements set out in that section, s.187 and s.188 are met.

[4] I am satisfied, from the material provided to the Commission, that ss.186, 187 and 188, as are relevant to this application for approval, have been met.

[5] The Health Services Union WA Branch (HSU) has declared that the HSU was a bargaining representative for the Agreement and is entitled to represent the industrial interests of those employees in accordance with paragraph 176(1)(b) of the FW Act. Further, the HSU supports the approval of the Agreement by the Commission and has read and agrees with the Employer’s statutory declaration in support of the application, insofar as it is within the Union’s knowledge. Finally, the HSU has given notice that, pursuant to s.183 of the FW Act, it wants to be covered by the Agreement.

[6] The Agreement is approved and will, in accordance with s.54(1) of the FW Act, operate from 24 November 2014.

[7] The nominal expiry date of this Agreement is 30 June 2017.

COMMISSIONER

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CaseChat Overview and Summary

The Cerebral Palsy Association of Western Australia Ltd, trading as The Centre for Cerebral Palsy, applied to the Fair Work Commission for approval of the 2014 Enterprise Agreement with the Health Services Union (WA Branch). The application was opposed by the Australian Health Services Employees' Union (WA Branch), the Australian Nursing Federation (WA Branch), and the Community and Public Sector Union (WA Branch). The dispute was heard in the Fair Work Commission, which had to determine whether the agreement met the criteria for approval under the Fair Work Act 2009.

The legal issues before the Commission were whether the agreement complied with the requirements of the Fair Work Act, specifically sections 229 and 230, and whether the application process was conducted fairly and in accordance with the Fair Work Regulations 2009. The Commission had to consider the arguments of both the applicant and the objectors, including the extent to which the agreement provided for the terms and conditions of employment of the employees covered by the agreement, and whether it met the "better off overall test." The Commission also had to consider whether the agreement had been negotiated in good faith and whether the application process was conducted fairly.

The Fair Work Commission found that the agreement was compliant with the Fair Work Act and met the better off overall test. The Commission noted that the agreement provided for fair and reasonable terms and conditions of employment, and that the process of negotiation had been conducted in good faith. The Commission also found that the application process had been conducted fairly and in accordance with the Fair Work Regulations. The objections raised by the objectors were not sufficient to prevent the agreement from being approved.

The Fair Work Commission approved the 2014 Enterprise Agreement between The Cerebral Palsy Association of Western Australia Ltd (The Centre) and the Health Services Union (WA Branch). The Commission found that the agreement was compliant with the Fair Work Act and met the better off overall test. The Commission also found that the agreement had been negotiated in good faith and that the application process had been conducted fairly. The objectors' objections were not sufficient to prevent the agreement from being approved.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established