C.A.R.E. Employment And Training Services Pty Ltd

[2023] FWCA 2730

[2023] FWCA 2730

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

C.A.R.E. Employment And Training Services Pty Ltd

(AG2023/2701)

C.A.R.E. EMPLOYMENT AND TRAINING SERVICES PTY LTD AGREEMENT 2023

Security services
COMMISSIONER MATHESON	SYDNEY, 25 AUGUST 2023

Application for approval of the C.A.R.E. Employment and Training Services Pty Ltd Agreement 2023

1. An application has been made for approval of an enterprise agreement known as the C.A.R.E Employment and Training Services Pty Ltd Agreement 2023 (Agreement). The application was made by C.A.R.E. Employment and Training Services Pty Ltd (Applicant) pursuant to s.185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single enterprise agreement.

1. Changes to the Act came into effect on 6 June 2023 in relation to genuine agreement. The Form F17A indicates that the notification time for the Agreement was 28 May 2023. In these circumstances and as a consequence of the Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Amending Act), clause 66 of Part 13 of Schedule 1 of the Act has the effect that despite the amendments made to the Act by Part 14 of Schedule 1 to the Amending Act, Part 2-4 of the Act continues to apply as if the amendments had not been made. The application has been assessed on this basis, taking into account the provisions of Part 2-4 of the Act in relation to genuine agreement in force immediately prior to 6 June 2023.

1. The application was accompanied by a signature page that did not comply in all respects with Regulation 2.06A of the Fair Work Regulations 2009 (Cth). An amended signature page was subsequently filed. I consider it appropriate in the circumstances to waive an irregularity in the form or manner in which an application was made and do so pursuant to s.586(b) of the Act.

1. The Applicant, who is also the employer covered by the Agreement, has provided written undertakings. A copy of the undertakings is attached at Annexure A of this decision (Undertakings). I am satisfied that the effect of accepting the Undertakings is not likely to: 

a.cause financial detriment to any employee covered by the Agreement; or  

b.result in substantial changes to the Agreement. 

1. Pursuant to s.190(3) of the Act, I accept the Undertakings. 

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

1. Subject to the Undertakings, and on the basis of the materials before the Commission, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to the application for approval of the Agreement have been met. 

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 September 2023. The nominal expiry date of the Agreement is 25 August 2027.

COMMISSIONER

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Annexure A