DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Wilderness Society Inc.
(AG2015/3295)

THE WILDERNESS SOCIETY MULTI-ENTERPRISE AGREEMENT 2015

Tasmania
COMMISSIONER ROBERTS	SYDNEY, 19 AUGUST 2015

Application for approval of The Wilderness Society Multi-Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as The Wilderness Society Multi-Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by The Wilderness Society Inc. The Agreement is a multi-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 Australian Services Union has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54, will operate from 26 August 2015. The nominal expiry date is 1 March 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Wilderness Society Inc. applied to the Fair Work Commission for approval of The Wilderness Society Multi-Enterprise Agreement 2015. The application was made under the Fair Work Act 2009. The application was opposed by the National Tertiary Education Union, which submitted that the agreement failed to meet the requirements of the Act as it did not include a genuine enterprise bargaining clause.

The key legal issues before the Commission were whether the agreement included a genuine enterprise bargaining clause and whether it otherwise met the requirements of the Fair Work Act. The Commission examined the agreement's provisions to determine whether they were consistent with the objects of the Act and whether the agreement was likely to achieve improved productivity, efficiency and profitability, having regard to the public interest.

The Commission found that the agreement included a genuine enterprise bargaining clause and that it met the requirements of the Fair Work Act. The Commission noted that the agreement included provisions that were consistent with the objects of the Act and that it was likely to achieve improved productivity, efficiency and profitability, having regard to the public interest. The Commission approved the agreement.

The Commission made an order approving The Wilderness Society Multi-Enterprise Agreement 2015. The order was made under section 233 of the Fair Work Act 2009. The order is to be published on the Commission's website and in the Commonwealth Gazette.

The Wilderness Society Inc.

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established