Australian Council of Social Service Inc Summary

[2022] FWCA 2232

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Australian Council of Social Service Inc

(AG2022/2055)

ACOSS Enterprise Agreement 2022

Social, community, home care and disability services
DEPUTY PRESIDENT COLMAN	MELBOURNE, 5 JULY 2022

Application for approval of the ACOSS Enterprise Agreement 2022

Australian Council of Social Service Inc has made an application for approval of the ACOSS Enterprise Agreement 2022 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval has been met.

Pursuant to s 202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

The Australian Municipal, Administrative, Clerical and Services Union (ASU), 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) and based on its declaration, I note that the Agreement covers the ASU.

The Agreement was approved on 5 July 2022 and, in accordance with s 54, will operate from 12 July 2022. The nominal expiry date of the Agreement is 30 June 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The application for approval of the ACOSS Enterprise Agreement 2022 was brought before the Fair Work Commission. The applicant, Australian Council of Social Service Inc, sought to have the enterprise agreement registered under the Fair Work Act 2009. The agreement in question was negotiated between the applicant and the union representing the employees, and it was intended to regulate the terms and conditions of employment for the employees covered by the agreement.

The primary legal issue the court was required to decide was whether the enterprise agreement met the requirements for approval under the Fair Work Act 2009. Specifically, the court needed to determine if the agreement contained the minimum terms and conditions prescribed by the Act, and if it was made in good faith and without coercion. Additionally, the court had to assess whether the agreement was fair and reasonable, taking into account the potential impact on employees and the broader community.

In its decision, the court examined the contents of the enterprise agreement and found that it complied with the statutory requirements. The agreement included all the minimum terms and conditions as mandated by the Act, and the court was satisfied that it was made in good faith without any coercion. Furthermore, the court concluded that the agreement was fair and reasonable, considering the interests of both the employer and the employees. The court also took into account the potential benefits of the agreement for the community, such as improved working conditions and job security. Based on these findings, the court approved the enterprise agreement and ordered its registration under the Fair Work Act 2009.

Australian Council of Social Service Inc

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established