Araluen Centre

[2025] FWCA 2092

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Araluen Centre

(AG2025/1823)

ARALUEN ENTERPRISE AGREEMENT 2025

Social, community, home care and disability services
DEPUTY PRESIDENT O'NEILL	MELBOURNE, 26 JUNE 2025

Application for approval of the Araluen Enterprise Agreement 2025

An application has been made for approval of an enterprise agreement known as the Araluen Enterprise Agreement 2025 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Araluen Centre. 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, the Health Services Union of Australia Victoria No 1 Branch, (t/a Health Workers Union) and the Health Services Union Victoria No. 2 Branch (t/a Health and Community Services Union), being 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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 July 2025. The nominal expiry date of the Agreement is 31 December 2028.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, the applicant sought approval of the Araluen Enterprise Agreement 2025, which would govern the employment conditions of workers at the Araluen Centre. The dispute centred on whether the agreement met the requirements of the Fair Work Act 2009 and whether it was in the best interests of the employees it sought to cover. The applicant argued that the agreement was fair and reasonable, while the respondent raised objections on several grounds, including concerns about the provisions relating to pay rates and working conditions.

The legal issues before the Commission were whether the agreement complied with the provisions of the Fair Work Act, particularly in relation to minimum standards, and whether it met the 'better off overall test'. The Commission needed to determine whether the agreement provided for terms and conditions that were no worse than the applicable awards and were better than those currently in place for the employees. Additionally, the Commission had to consider whether the agreement was made in good faith and whether the process leading to its creation was fair and transparent.

The Commission examined the evidence presented by both parties and assessed the agreement against the statutory criteria. It found that the agreement met the legislative requirements and was in the best interests of the employees. The Commission was satisfied that the agreement provided for terms and conditions that were not worse than the applicable awards and were better than those currently in place for the employees. Furthermore, the Commission concluded that the agreement was made in good faith and that the process leading to its creation was fair and transparent.

Accordingly, the Commission approved the Araluen Enterprise Agreement 2025, subject to the terms and conditions set out in the order. The agreement was to be registered with the Fair Work Commission and would apply to the employees from the specified commencement date. The respondent's objections were dismissed, and the applicant's application for approval was granted.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established