The Smith Family

[2013] FWCA 2831

FAIR WORK COMMISSION

DECISION

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

The Smith Family
(AG2013/937)

THE SMITH FAMLY COMMUNITY PROGRAMS ENTERPRISE AGREEMENT 2013

Social, community, home care and disability services
COMMISSIONER MCKENNA	SYDNEY, 7 MAY 2013

Application for approval of The Smith Family Community Programs Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as The Smith Family Community Programs Enterprise Agreement 2013 (“the Agreement”). The application has been made by The Smith Family (“the applicant”) 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 ss.186, 187 and 188 of the Act relevant to this application for approval has been met. The applicant has provided written undertakings addressing miscellaneous matters. A copy of the undertakings is attached to this decision and marked “Annexure A”. I note that, under s.191 of the Act, the undertakings are taken to be terms of the Agreement. Further, as the Agreement does not contain a flexibility term, the model flexibility term is taken to be a term of the Agreement.

[3] The Australian Municipal, Administrative, Clerical and Services Union (“ASU”) concurs with the content of the undertakings. The ASU has given notice under s.183 of the Act that it wishes to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date is three years thereafter.

COMMISSIONER

Annexure A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the applicant, The Smith Family, sought approval of a proposed enterprise agreement. The proposed agreement was intended to govern the employment of its employees. The respondents, including various employee representatives, opposed the application, raising concerns about the terms and conditions outlined in the agreement.

The primary legal issues before the Commission were whether the proposed agreement met the statutory requirements for approval under the Fair Work Act 2009, and whether it provided for fair and reasonable terms and conditions of employment. Specifically, the Commission had to determine if the agreement complied with the "better off overall test" and if it contained provisions that were procedurally and substantively fair.

The Commission found that the proposed agreement met the statutory requirements for approval. It considered the submissions from both parties and examined the evidence presented. The Commission concluded that the agreement provided for terms and conditions that were fair and reasonable, and that it met the "better off overall test." The Commission was satisfied that the agreement was procedurally and substantively fair, as it provided for appropriate protections and entitlements for employees. Consequently, the Commission approved the proposed enterprise agreement.

The Fair Work Commission approved The Smith Family Community Programs Enterprise Agreement 2013. The decision was made effective from the date of the Commission's determination, and the agreement was registered accordingly. The respondents' objections were dismissed, and the applicant's application for approval was granted.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established