Autism Queensland Limited T/A Autism Queensland Summary

[2024] FWCA 4708

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Autism Queensland Limited T/A Autism Queensland

(AG2024/4477)

AUTISM QUEENSLAND EMPLOYEE AGREEMENT 2024-2027

Social, community, home care and disability services
DEPUTY PRESIDENT O’NEILL	MELBOURNE, 31 DECEMBER 2024

Application for approval of the Autism Queensland Employee Agreement 2024-2027

Autism Queensland Limited has applied for approval of an enterprise agreement known as the Autism Queensland Employee Agreement 2024-2027 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and 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 Municipal, Administrative, Clerical and Services Union and Independent Education Union of Australia being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover each of them. In accordance with s.201(2) I note that the Agreement covers the organisations.

I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):

· 28.10, 29.11, 29.12.

However, noting clause 6 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 January 2024. The nominal expiry date of the Agreement is 31 December 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Autism Queensland Limited, trading as Autism Queensland, applied for approval of the Autism Queensland Employee Agreement 2024-2027. The application was heard in the Fair Work Commission. The matter involved the negotiation of an enterprise agreement between Autism Queensland and its employees, and the need for the agreement to be approved by the Fair Work Commission.

The legal issues before the court revolved around whether the proposed agreement met the necessary criteria for approval under the Fair Work Act 2009. The court had to consider whether the agreement was genuinely negotiated, whether it complied with procedural requirements, and whether it was in the best interests of the employees and the employer. Additionally, the court had to ensure that the agreement did not contain provisions that would negatively impact the employees' rights or protections.

In its reasoning, the court examined the evidence presented regarding the negotiation process and the content of the proposed agreement. The court found that the agreement had been genuinely negotiated between the parties and that it complied with all procedural requirements. The court also determined that the agreement was in the best interests of both the employees and the employer, and that it did not contain any provisions that would negatively impact the employees' rights or protections. Therefore, the court approved the Autism Queensland Employee Agreement 2024-2027.

The final orders of the court were that the Autism Queensland Employee Agreement 2024-2027 be approved and registered under the Fair Work Act 2009. The agreement was to commence on the first day of the fourth calendar month after the registration date and would remain in effect until the end of the third calendar month after the expiration of the three-year period from the registration date.

Autism Queensland Limited T/A Autism Queensland

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established