Anglican Community Services t/a Anglicare
[2025] FWCA 363
•30 JANUARY 2025
| [2025] FWCA 363 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
Anglican Community Services t/a Anglicare
(AG2024/5129)
ANGLICARE COMMUNITY AND HOUSING ENTERPRISE AGREEMENT 2024
| Social, community, home care and disability services | |
| DEPUTY PRESIDENT ROBERTS | SYDNEY, 30 JANUARY 2025 |
Application for approval of the Anglicare Community and Housing Enterprise Agreement 2024
An application has been made for approval of an enterprise agreement known as the Anglicare Community and Housing 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 Anglican Community Services (the Applicant). The Agreement is a single enterprise agreement.
The Applicant has provided written undertakings (Annexure A). In accordance with s.190(4) of the Act the views of the bargaining representatives for the agreement were sought in relation to the undertakings. 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.
Having regard to the supporting material and the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as is relevant to this application for approval has been met. The undertakings are taken to be a term of the Agreement.
I note that Clause 7.1 of the Agreement provides that:
“This Agreement must be read in conjunction with the NES. Where there is an inconsistency between this Agreement and the NES, and the NES provides a greater benefit to the employee, the NES provision will apply to the extent of the inconsistency.“
To the extent that sub-clause 43.6, dealing with redundancy pay, may be inconsistent with the operation of s.120 of the Act, I am satisfied that the NES precedence term extracted above would apply to address that issue.
The Australian Municipal, Administrative, Clerical and Services Union (ASU) lodged a Form F18 statutory declaration giving notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act, I note the Agreement covers the ASU.
The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is, pursuant to Clause 3.1, four years after the day on which it is approved. Accordingly, the Agreement expires on 30 January 2029.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
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ANNEXURE A
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