Anglican Community Services t/a Anglicare Summary

[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

ANNEXURE A

The Anglican Community Services t/a Anglicare sought approval of the Anglicare Community and Housing Enterprise Agreement 2024. The Fair Work Commission was the forum for the application, with the application focusing on the terms of employment for the employees covered by the agreement.

The legal issues before the Commission centred on whether the proposed agreement met the requirements of the Fair Work Act 2009, including the necessity for the agreement to provide for the minimum entitlements of employees, and whether it was made in good faith and without coercion. The Commission had to determine if the agreement was fair and reasonable, considering the principles of the Act, and whether it appropriately balanced the interests of employers and employees.

The Commission found that the agreement was fair and reasonable, providing for minimum entitlements and being made in good faith. The Commission was satisfied that the agreement was not made under duress and appropriately balanced the interests of both parties. The Commission approved the agreement, acknowledging the efforts of both Anglicare and the employees' representatives in negotiating the terms.

The final orders included the approval of the Anglicare Community and Housing Enterprise Agreement 2024, effective from the date of the Commission's decision. The agreement was to be registered with the Fair Work Commission and would apply to the employees covered by it.

Anglican Community Services t/a Anglicare

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established