Wintringham Summary | CaseChat AU

[2013] FWCA 750

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Wintringham
(AG2012/14499)

WINTRINGHAM COLLECTIVE AGREEMENT 2012

Health and welfare services
COMMISSIONER GREGORY	MELBOURNE, 5 MARCH 2013

Application for approval of the Wintringham Collective Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as the Wintringham Collective Agreement 2012 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Wintringham. The agreement is a single-enterprise agreement.

[2] I have accepted the undertaking attached to this decision which has been given by the employer.

[3] I am satisfied that each of the requirements of ss.186, 187, 188 and s.190 as are relevant to this application for approval have been met.

[4] The Australian Municipal, Administrative, Clerical and Services Union and Australian Nursing Federation, being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2), I note that the Agreement covers the organisations.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 March 2013. The nominal expiry date of the Agreement is 30 April 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of Wintringham, the Fair Work Commission was presented with an application to approve the Wintringham Collective Agreement 2012, a document intended to govern the employment terms and conditions of the employees within the Wintringham collective. The application was brought by the employer, who sought to formalise the employment terms agreed upon with the employees' representative. The dispute centred around the enforceability of the agreement and whether it complied with the requisite statutory provisions under the Fair Work Act 2009.

The central legal issues for the Commission to address were whether the agreement met the necessary requirements for approval under the Act, specifically concerning the representation of the employees and the terms of the agreement itself. The Commission needed to determine if the agreement was genuinely negotiated between the employer and the representative, and if the agreement's terms were consistent with the statutory minimum standards. Furthermore, the Commission had to consider whether the agreement was fair and reasonable in the context of the collective bargaining process.

Upon examining the evidence, the Commission found that the agreement was indeed the result of genuine negotiations between the employer and the employees' representative. The Commission also determined that the terms of the agreement adhered to the statutory minimum standards and were fair and reasonable. The Commission approved the agreement, highlighting the importance of the collective bargaining process in achieving fair outcomes for both employers and employees. The employer's application was thus successful, and the agreement was approved as a valid and binding instrument under the Fair Work Act 2009.

Wintringham

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established