Barnardos Australia

[2022] FWCA 1537

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Barnardos Australia

(AG2022/1076)

Barnardos Australia Enterprise Agreement 2022

Social, community, home care and disability services
COMMISSIONER WILSON	MELBOURNE, 6 MAY 2022

Application for approval of the Barnardos Australia Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the Barnardos Australia Enterprise Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Barnardos Australia. 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 Municipal, Administrative, Clerical and Services Union 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) I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 May 2022. The nominal expiry date of the Agreement is 13 May 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter involved an application for the approval of the Barnardos Australia Enterprise Agreement 2022, which was brought before the Fair Work Commission. The applicant, Barnardos Australia, sought to have the agreement recognised as a registered enterprise agreement under the Fair Work Act 2009. The primary parties included Barnardos Australia as the employer and the Australian Services Union as the employee representative.

The legal issues the court needed to address were whether the agreement met the necessary procedural requirements for approval, including whether the agreement was made in good faith, and whether it provided for fair and reasonable terms and conditions. The court also had to determine whether the agreement complied with the relevant sections of the Fair Work Act, particularly regarding the processes for the negotiation and finalisation of the agreement.

The Fair Work Commission found that the agreement was made in good faith and complied with the procedural requirements set out in the Fair Work Act. The commission noted that the negotiation process was thorough, and the agreement included provisions that were fair and reasonable. The court determined that the agreement provided for a range of terms and conditions that were beneficial to both parties and met the standards set by the Act. The commission approved the application, and the Barnardos Australia Enterprise Agreement 2022 was registered as a valid enterprise agreement.

No further orders were made beyond the approval of the enterprise agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established