Australian People For Health Education and Development Abroad Inc Trading AS Union Aid Abroad - APHEDA

[2025] FWCA 2084

[2025] FWCA 2084

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Australian People For Health Education and Development Abroad Inc Trading AS Union Aid Abroad - APHEDA

(AG2025/1763)

UNION AID ABROAD-APHEDA STAFF AGREEMENT 2023 - 2026

Social, community, home care and disability services
DEPUTY PRESIDENT BOYCE	SYDNEY, 25 JUNE 2025

Application for approval of the Union Aid Abroad-APHEDA Staff Agreement 2023-2026

1. An application has been made for approval of an enterprise agreement to be known as the Union Aid Abroad-APHEDA Staff Agreement 2023-2026 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Australian People For Health Education and Development Abroad Inc Trading AS Union Aid Abroad - APHEDA (Employer). The Agreement is a single enterprise agreement.

NERR issue

1. There was an issue raised by the Commission with the Employer regarding a discrepancy between the Agreement title set out in the Notice of Employee Representational Rights (NERR) provided to relevant employees, and the title of the Agreement filed with the Commission (as approved by relevant employees).[1] There was a further issue raised by the Commission with the Employer regarding the provision of the NERR to relevant employees more than 14 days after notification time.[2]  Having regard to the submissions of the Employer provided on 23 June 2025,[3] which are supported by the ASU bargaining representative, I find that these issues constitute minor procedural and/or technical errors. I am satisfied that the Agreement was genuinely agreed to by relevant employees notwithstanding these errors.[4] I am also satisfied that the employees covered by the Agreement were not likely to have been disadvantaged by the errors.

Undertakings

1. The Employer has provided written undertakings dated 25 June 2025. Those undertakings are attached at Annexure A to this decision and become terms of the Agreement. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement (as compared to the relevant provisions of the Social, Community, Home Care and Disability Services Industry Award 2010), and that the undertakings will not result in substantial changes to the Agreement.

Coverage of employee organisation(s)

1. 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 to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers this organisation.

Workplace delegates’ rights clause

1. Pursuant to s.205A(2) of the Act, the workplace delegates’ rights term prescribed by the Social, Community, Home Care and Disability Services Industry Award 2010 is taken to be a term of the Agreement.

Model and/or flexibility clause

1. Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

Conclusion

1. Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188, 190, 193 and 193A of the Act, as are relevant to this application for approval, have been met.

1. I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 2 July 2025. The nominal expiry date of the Agreement is 25 June 2028.

DEPUTY PRESIDENT

ANNEXURE A

[1] Note the requirements of ss. 173 and 174 of the Fair Work Act 2009.

[2] Ibid..

[3] Applicant’s Submissions, 23 June 2025, at [5]-[22].

[4] See s.188(5) of the Fair Work Act 2009 and Huntsman Chemical Co Australia Pty Ltd T/A RMAX Rigid Cellular Plastics & Others[2019] FWCFB 318.

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