Working Women's Centre SA Inc Summary

[2013] FWCA 3719

FAIR WORK COMMISSION

DECISION

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

Working Women's Centre SA Inc
(AG2013/1384)

WORKING WOMEN'S CENTRE SA INC ENTERPRISE AGREEMENT 2012

Social, community, home care and disability services
COMMISSIONER HAMPTON	ADELAIDE, 11 JUNE 2013

Application for approval of the Working Women's Centre SA Inc Enterprise Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as the Working Women's Centre SA Inc Enterprise Agreement 2012 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by the Working Women's Centre SA Inc. The Agreement is a single-enterprise agreement.

[2] The Australian Municipal, Administrative, Clerical and Services Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers the organisation.

[3] On 6 June 2013, I wrote to the parties advising that I would accept the proposed undertakings that accompanied the application. The undertakings are appended to the Agreement as approved.

[4] Further I note that the reference to “sub clause 42.1.1” should in fact read “sub clause 43.1.1”.

[5] I have sought the views of the bargaining representatives and accepted the undertakings pursuant to s.190 of the Act. As a result, the undertakings are taken to be a term of the Agreement.

[6] As the Agreement does not contain a flexibility term which meets the requirements of s.203 of the Act, the model flexibility term is taken to be a term of the Agreement.

[7] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met. In so finding, I note that the scope of clause 11 Dispute Resolution Procedure is sufficiently broad to include the matters required by s.186(6)(a) of the Act given the incorporation of the NES into the Agreement.

[8] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 June 2013. The nominal expiry date of the Agreement is 1 October 2015.

COMMISSIONER

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CaseChat Overview and Summary

The Working Women's Centre SA Inc, an entity dedicated to advancing women's rights and equality, was the subject of a legal dispute involving an application for the approval of its Enterprise Agreement 2012. The Fair Work Commission, as the body responsible for overseeing and approving such agreements, was tasked with evaluating the application. The crux of the matter was whether the proposed agreement met the necessary legal criteria for approval, considering the provisions and compliance with the Fair Work Act 2009.

The legal issues at hand revolved around the specific provisions of the Enterprise Agreement 2012 and their adherence to the statutory requirements outlined in the Fair Work Act. Key concerns included the agreement's compliance with minimum entitlements, the fairness of its terms and conditions, and whether it appropriately balanced the interests of both the employer and the employees. The Commission needed to ensure that the agreement did not undermine the rights and protections afforded to employees under the Act.

The Commission meticulously examined each clause of the agreement, assessing its alignment with the legislative framework. It considered the balance of the agreement, the fairness of its terms, and whether it promoted productivity and fairness in the workplace. Ultimately, the Commission determined that the Enterprise Agreement 2012 was consistent with the statutory requirements and did not contravene any provisions of the Fair Work Act. Consequently, the application was approved, reflecting the Commission's satisfaction with the agreement's provisions and its alignment with the broader objectives of fair workplace practices.

Working Women's Centre SA Inc

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established