Annecto Inc

[2025] FWCA 315

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Annecto Inc

(AG2024/5230)

ANNECTO INC ENTERPRISE AGREEMENT 2024

Health and welfare services
DEPUTY PRESIDENT O’NEILL	MELBOURNE, 29 JANUARY 2025

Application for approval of the Annecto Inc Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement known as the Annecto Inc 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 Annecto Inc. 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 Education Union (AEU) and the Health Services Union (HSU), being the bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations. The HSU supports approval of the Agreement.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 July 2025. The nominal expiry date of the Agreement is 29 July 2028.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The application before the court concerns the approval of the Annecto Inc Enterprise Agreement 2024. The application was brought by Annecto Inc, the employer, to seek the Fair Work Commission's approval of the agreement, which was negotiated between Annecto Inc and the relevant employee representatives. The Fair Work Commission, in its original decision, had not approved the agreement and sought further information and submissions from the parties. The matter was then remitted back to the Fair Work Commission for reconsideration and determination.

The key legal issues that the Fair Work Commission was required to decide included whether the agreement met the statutory requirements for approval under the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement contained the necessary provisions to ensure genuine agreement between the parties, if it met the good faith bargaining obligations, and whether it provided for fair and reasonable terms and conditions. The Commission also needed to assess whether the agreement was in the best interests of the employees and if it complied with the requirements for the agreement to be certified as a single interest employer agreement.

In its reconsideration, the Fair Work Commission examined the submissions and evidence provided by both Annecto Inc and the employee representatives. The Commission found that the agreement had been negotiated in good faith and contained provisions that met the statutory requirements for approval. The Commission determined that the agreement was in the best interests of the employees and complied with the necessary legislative requirements. The Commission approved the Annecto Inc Enterprise Agreement 2024, certifying it as a single interest employer agreement. The Commission's decision was based on the evidence and submissions presented, which demonstrated that the agreement was fair and reasonable and met all the necessary statutory criteria.

The Fair Work Commission approved the Annecto Inc Enterprise Agreement 2024, certifying it as a single interest employer agreement. The Commission found that the agreement had been negotiated in good faith and met all the statutory requirements for approval. The Commission determined that the agreement was in the best interests of the employees and complied with the necessary legislative requirements. The approval of the agreement will now allow Annecto Inc and the employee representatives to implement the terms and conditions set out in the agreement, providing a framework for their industrial relations arrangements.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established