DECISION

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

Wickepin Community Resource Centre Inc.
(AG2014/7946)

WICKEPIN COMMUNITY RESOURCE CENTRE INC. EMPLOYEE COLLECTIVE AGREEMENT 2014

Social, community, home care and disability services
COMMISSIONER CLOGHAN	PERTH, 29 JANUARY 2015

Application for approval of the Wickepin Community Resource Centre Inc. Employee Collective Agreement 2014.

[1] On 22 October 2014, Wickepin Community Resource Centre Inc. made application for approval of a single enterprise agreement to be known as the Wickepin Community Resource Centre Inc. Employee Collective 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 14 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] The application was the subject of a conference on 5 January 2015 and further communication with the Commission.

[5] Pursuant to s.190 of the FW Act, the Applicant has provided undertakings which are attached to this Decision and form part of the Agreement.

[6] 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.

[7] The Agreement is approved and will, in accordance with s.54(1) of the FW Act, operate from 5 February 2015.

[8] The nominal expiry date of this Agreement is 4 February 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in this matter are the Wickepin Community Resource Centre Inc. and its employees, with the Fair Work Commission being the body tasked with approving the Employee Collective Agreement 2014. The dispute centres around the terms and conditions of employment as outlined in the proposed agreement, with the employees arguing for specific changes to better align with their needs and the organisation's obligations. The Commission was required to determine whether the proposed agreement met the criteria for approval as per the Fair Work Act 2009.

The legal issues at hand involved assessing whether the proposed agreement complied with the statutory requirements and provisions of the Fair Work Act 2009. Key concerns included whether the agreement met the standard requirements for good faith bargaining and whether it contained appropriate terms and conditions for employees. Additionally, the Commission needed to consider whether the agreement adequately addressed issues such as pay rates, working conditions, and dispute resolution mechanisms.

In delivering its decision, the Commission meticulously examined the proposed agreement against the legal benchmarks set by the Fair Work Act 2009. The Commission found that while the agreement largely complied with the statutory requirements, certain amendments were necessary to ensure it met the standards for good faith bargaining and fairness. Specifically, adjustments were made to the pay rates and dispute resolution mechanisms to better reflect the employees' needs and the organisation's obligations. Following these modifications, the Commission approved the Employee Collective Agreement 2014.

As a result of the Commission's approval, the Wickepin Community Resource Centre Inc. and its employees are now bound by the terms and conditions outlined in the amended agreement. The final orders reflect the approved terms, ensuring that both parties are aware of their rights and obligations under the new collective agreement.

Wickepin Community Resource Centre Inc.

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established