Amnesty International Australia

[2023] FWCA 1599

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Amnesty International Australia

(AG2023/1441)

AMNESTY INTERNATIONAL AUSTRALIA EMPLOYMENT AGREEMENT 2023

Social, community, home care and disability services
DEPUTY PRESIDENT O’NEILL	MELBOURNE, 2 JUNE 2023

Application for approval of the Amnesty International Australia Employment Agreement 2023

An application has been made for approval of an enterprise agreement known as the Amnesty International Australia Employment Agreement 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Amnesty International Australia. 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 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) I note that the Agreement covers the organisation.

I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):

· Clause 6.11 – Compassionate Leave; and
· Clause 12.2.2 – Notice of Termination by an Employee.

However, noting clause 1.2.1 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 June 2023. The nominal expiry date of the Agreement is 30 September 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Amnesty International Australia sought approval from the Fair Work Commission for its 2023 Employment Agreement. The agreement was aimed at updating terms and conditions for its employees. The application was made under the Fair Work Act 2009, which governs employment agreements and provides a framework for their approval by the Commission.

The central legal issue was whether the proposed terms of the employment agreement were fair and reasonable, and whether they complied with the statutory requirements set forth in the Fair Work Act. The Commission had to consider if the agreement provided adequate protections for employees, including minimum wage rates, leave entitlements, and other conditions that were consistent with the broader principles of industrial fairness.

The Fair Work Commission examined the terms of the agreement in detail, assessing them against the benchmarks provided by the Act and any relevant awards or agreements. The Commission found that the proposed terms were fair and reasonable, and were in line with the statutory requirements. It determined that the agreement provided employees with adequate protections and benefits, and that it was consistent with the principles of industrial fairness. The Commission approved the employment agreement, noting that it balanced the interests of both the employer and the employees.

No further orders were made by the Commission beyond the approval of the employment agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established