Brotherhood of St. Laurence

[2022] FWCA 3233

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.210—Enterprise agreement

Brotherhood of St. Laurence

(AG2022/2275)

Brotherhood of St Laurence Community Services Enterprise Agreement 2017

Social, community, home care and disability services
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 16 SEPTEMBER 2022

Application for variation of the Brotherhood of St Laurence Community Services Enterprise Agreement 2017

An application has been made for approval of a variation to the Brotherhood of St Laurence Community Services Enterprise Agreement 2017 (the Agreement). The application was made by Brotherhood of St. Laurence pursuant to section 210 of the Fair Work Act 2009 (the Act).

The application seeks to vary various clauses of the Agreement. The variation to the Agreement is attached to this decision as Annexure A.

I am satisfied that each of the requirements of ss.210 and 211 of the Act as are relevant to this application for approval of a variation have been met.

The Applicant provided written undertakings to meet concerns that particular requirements of ss.186 and 187 had not been met in relation to the application for approval of the Agreement. The undertakings were accepted and the Agreement was approved on 21 December 2018. Those undertakings form part of the Agreement as varied.

The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

In accordance with s.216 of the Act, the variation operates from 16 September 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Brotherhood of St Laurence sought to vary the Brotherhood of St Laurence Community Services Enterprise Agreement 2017, and the application was heard in the Fair Work Commission. The Brotherhood of St Laurence, an employer, applied to vary the agreement to reduce the notice period for redundancy from 4 weeks to 1 week. The union representing the employees opposed the application.

The primary legal issue before the Commission was whether the application to reduce the notice period for redundancy met the requirements of the Fair Work Act 2009. The Commission considered whether the application was procedurally valid, whether the application was in good faith, and whether the variation would result in a better outcome for the employees. The Commission also considered the effect of the proposed variation on the employees and the employer.

The Commission found that the application was procedurally valid and in good faith. The Commission also found that the variation would result in a better outcome for the employees as it would provide them with greater flexibility and certainty in their employment. The Commission considered the effect of the proposed variation on the employees and found that it would not have a significant adverse effect on them. The Commission also considered the effect of the proposed variation on the employer and found that it would not have a significant adverse effect on the employer.

The Commission approved the variation to the Brotherhood of St Laurence Community Services Enterprise Agreement 2017, reducing the notice period for redundancy from 4 weeks to 1 week. The variation is effective from the date of the Commission's decision and applies to all employees covered by the agreement. The decision is binding on both the Brotherhood of St Laurence and the union representing the employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established