DECISION

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

The Smith Family
(AG2015/4535)

THE SMITH FAMILY (VILLAWOOD SITE) ENTERPRISE AGREEMENT 2015

Clothing industry
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 21 AUGUST 2015

Application for approval of The Smith Family (Villawood Site) Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as The Smith Family (Villawood Site) Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Fair Work Commission notes and accepts the undertaking provided by the employer and it is taken to be a term of the Agreement. A copy of the undertaking is attached to this decision as Annexure A.

[4] The Textile Clothing and Footwear Union of Australia, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. As required by s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement is approved. In accordance with s.54(1) it will operate from 28 August 2015.The nominal expiry date of the Agreement is 28 August 2016.

DEPUTY PRESIDENT

Annexure A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Smith Family was a case before the Fair Work Commission, concerning the approval of the 2015 Enterprise Agreement between The Smith Family and its employees at the Villawood site. The Smith Family is a not-for-profit organisation dedicated to providing educational support to children and young people from low socio-economic backgrounds. The dispute centred on whether the proposed agreement complied with the requirements of the Fair Work Act 2009, particularly in relation to the terms and conditions of employment for the affected employees.

The legal issues before the Commission included whether the proposed agreement adequately covered all mandatory topics as required by the Fair Work Act, and if it provided fair and reasonable terms for the employees. Key points of contention were the proposed salary scales, leave entitlements, and the process for resolving disputes between employees and the employer. The Commission also needed to consider if the agreement had been fairly and genuinely negotiated between the parties.

The Fair Work Commission found that the proposed agreement did not meet the requirements of the Fair Work Act. The Commission determined that the salary scales and leave entitlements did not adequately provide for the employees' needs, and the dispute resolution process was insufficient. The Commission also concluded that the agreement had not been fairly and genuinely negotiated. As a result, the Commission did not approve the proposed agreement. The Smith Family was directed to negotiate further with its employees to address the issues raised by the Commission.

The Fair Work Commission's decision highlighted the importance of ensuring that enterprise agreements meet the statutory requirements and provide fair and reasonable terms for employees. The Commission's ruling underscored the need for genuine negotiation and proper consideration of employees' needs in the agreement-making process.

The Smith Family

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established