Activ Foundation Limited

[2024] FWCA 1841

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Activ Foundation Limited

(AG2024/1524)

ACTIV FOUNDATION ADMINISTRATION STAFF ENTERPRISE AGREEMENT 2024

Social, community, home care and disability services
DEPUTY PRESIDENT DEAN	CANBERRA, 21 MAY 2024

Application for approval of the Activ Foundation Administration Staff Enterprise Agreement 2024.

An application has been made for approval of an enterprise agreement known as the Activ Foundation Administration Staff Enterprise Agreement 2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Activ Foundation Limited (Employer). The Agreement is a single enterprise agreement.

The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement.

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

The Health 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), the Commission notes that the Agreement covers this organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 May 2024. The nominal expiry date of the Agreement is 30 June 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case before the Fair Work Commission involves Activ Foundation Limited, an applicant, seeking approval of the Activ Foundation Administration Staff Enterprise Agreement 2024. The dispute pertains to the terms and conditions of employment for administrative staff within the organisation. The Commission was tasked with determining whether the proposed agreement met the legal standards for enterprise agreements, including considerations of good faith bargaining, coverage, and procedural fairness. The core issues before the Commission included whether the agreement was negotiated in good faith, whether it covered the appropriate scope of employees, and if the procedural requirements for its approval were met.

The Commission examined the evidence provided by both parties to assess the negotiation process and the content of the agreement. Key to the decision was whether the applicant had engaged in genuine and meaningful negotiations with the relevant employee representatives. The Commission also considered whether the agreement adequately addressed the employees' interests and whether it complied with the procedural requirements set out in the Fair Work Act. The Commission's analysis focused on whether the agreement was "appropriately negotiated" and whether it met the criteria for being "fair and appropriate" as per the statutory framework.

Upon reviewing the evidence, the Commission found that the applicant had indeed engaged in genuine negotiations with the employee representatives, fulfilling the requirement of good faith bargaining. The Commission was satisfied that the agreement covered the appropriate scope of employees and that it was fair and appropriate in terms of its content. The procedural fairness of the process was also upheld, with the Commission concluding that all necessary steps were followed correctly. Therefore, the Commission approved the Activ Foundation Administration Staff Enterprise Agreement 2024, recognising it as a lawful and fair agreement for the specified workforce.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established