The Spectrum Organisation Summary

[2014] FWCA 1472

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Spectrum Organisation
(AG2014/86)

SPECTRUM ORGANISATION ASSOCIATION INC. ENTERPRISE AGREEMENT 2013

Health and welfare services
COMMISSIONER CRIBB	MELBOURNE, 28 FEBRUARY 2014

Application for approval of the Spectrum Organisation Association Inc. Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Spectrum Organisation Association Inc. Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by The Spectrum Organisation. The agreement is a single-enterprise agreement.

[2] An undertaking has been given with respect to clauses 5.1, 7.2 and 7.3 and is taken to be a term of the Agreement. A copy of the undertaking is attached to this Decision as Annexure A and can also be found at the end of the Agreement.

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

[4] The Agreement was approved in Chambers on 28 February 2014 and, in accordance with s.54 of the Act, will operate from 7 March 2014. The nominal expiry date of the Agreement is 30 August 2016.

ANNEXURE A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Spectrum Organisation Association Inc. sought approval of an enterprise agreement. The applicant, a non-profit organisation, aimed to regulate the employment conditions of its employees. The dispute centred on the fairness and compliance of the proposed agreement with the relevant legislative framework. The Fair Work Commission, tasked with assessing the agreement's validity, needed to determine if the agreement met the necessary criteria under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the enterprise agreement was appropriately certified as "bargained" and if it adhered to the procedural requirements outlined in the Fair Work Act. Additionally, the Commission had to examine whether the agreement contained all the mandatory terms and conditions as required by law. The fairness of the agreement, particularly concerning the employees' rights and protections, was another critical aspect under scrutiny.

The Commission found that the agreement was indeed appropriately certified and met all procedural requirements. It satisfied the mandatory terms and conditions stipulated by the Fair Work Act, and the bargaining process was deemed fair and appropriate. The Commission was satisfied that the agreement provided adequate protections and benefits for the employees. Consequently, the Commission approved the enterprise agreement, ensuring that it complied with all legislative standards and was fair to both the organisation and its employees.

The final orders included the approval of the Spectrum Organisation Association Inc. Enterprise Agreement 2013, with the agreement to be registered with the Fair Work Commission. The decision affirmed the agreement's compliance with the relevant legal frameworks and its appropriateness for implementation within the organisation.

The Spectrum Organisation

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established