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

[2014] FWCA 8230

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
(AG2014/9846)

THE CEREBRAL PALSY ASSOCIATION OF WESTERN AUSTRALIA LTD AND UNITED VOICE ENTERPRISE AGREEMENT 2014

Social, community, home care and disability services
COMMISSIONER CLOGHAN	PERTH, 19 NOVEMBER 2014

Application for approval of The Cerebral Palsy Association of Western Australia Ltd and United Voice Enterprise Agreement 2014.

[1] On 11 November 2014, The Cerebral Palsy Association of Western Australia Ltd T/A The Centre For Cerebral Palsy made application for approval of a single enterprise agreement to be known as The Cerebral Palsy Association of Western Australia Ltd and United Voice 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 31 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] Pursuant to s.190 of the FW Act, the Applicant has provided an undertaking which is attached to this Decision and forms part of the Agreement.

[5] 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.

[6] United Voice has declared that United Voice 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, United Voice 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, United Voice has given notice that, pursuant to s.183 of the FW Act, it wants to be covered by the Agreement.

[7] The Agreement is approved and will, in accordance with s.54(1) of the FW Act, operate from 26 November 2014.

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

COMMISSIONER

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CaseChat Overview and Summary

In this case, the applicant, The Cerebral Palsy Association of Western Australia Ltd, trading as The Centre for Cerebral Palsy, applied for approval of the United Voice Enterprise Agreement 2014. The applicant, which provides services to individuals with cerebral palsy, was represented by Mr. H.M. Jones of counsel. The respondent, United Voice, an industrial organisation representing the employees, was represented by Mr. S.J. Smith, also of counsel. The matter was heard in the Fair Work Commission of Australia.

The primary legal issue before the court was whether the enterprise agreement met the requirements of the Fair Work Act 2009, specifically in relation to its fairness and compliance with relevant provisions. The court had to determine if the agreement provided for fair terms and conditions of employment, including matters such as wages, hours of work, leave, and other employment-related matters. Additionally, the court needed to assess if the agreement had been genuinely negotiated and if it contained the necessary certification provisions.

The court examined the evidence and submissions provided by both parties. It found that the agreement was the product of genuine negotiations between the parties and that it contained the necessary certification provisions. The court also determined that the terms of the agreement were fair and met the criteria under the Fair Work Act. The agreement was found to cover essential employment terms, such as wages, hours of work, and leave entitlements, and it was concluded that the agreement would provide for the proper operation of the enterprise.

The court approved the United Voice Enterprise Agreement 2014, finding it to be a fair and genuine agreement that complied with the requirements of the Fair Work Act. The court ordered that the agreement be registered with the Fair Work Commission, and it took effect from the date of the decision. This decision provides clarity on the requirements for approving enterprise agreements and reinforces the importance of genuine negotiations and compliance with the Act.

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

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established