Cairns Community Legal Centre Inc

[2025] FWCA 2097

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Cairns Community Legal Centre Inc

(AG2025/1564)

CAIRNS COMMUNITY LEGAL CENTRE INC AGREEMENT 2025 – 2029

Industries not otherwise assigned
COMMISSIONER HUNT	BRISBANE, 26 JUNE 2025

Application for approval of the Cairns Community Legal Centre Inc Agreement 2025 – 2029

Cairns Community Legal Centre Inc (the Employer) has applied for approval of an enterprise agreement known as the Cairns Community Legal Centre Inc Agreement 2025 – 2029 (the Agreement). The Agreement is a single-enterprise agreement.

The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Act, commencing operation on 6 June 2023. The notification time for the Agreement under s.173(2) was 30 January 2024 and the Agreement was made on 9 May 2025. Accordingly, the genuine agreement requirements and the better off overall test requirements are those applying on and from 6 June 2023.

The Fair Work Commission (the Commission) raised certain concerns regarding the Agreement with the Employer, and as a result, the Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. Pursuant to s.190(4) of the Act, I sought the views of the employee bargaining representatives regarding the undertakings, allowing a period of two business days from receipt of the undertakings to provide any views. No views were received.

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. Pursuant to s.190 of the Act, I accept the undertakings. In accordance with s.201(3) of the Act, I note that the undertakings are taken to be a term of the Agreement.

I indicated to the Employer my view that the Agreement’s flexibility term did not meet the requirements of s.203 of the Act, and that in the event of approval, the model flexibility term would be inserted into the Agreement. Pursuant to s.202(4) of the Act, the model flexibility term prescribed by Schedule 1 of the Fair Work (Model Terms) Determination 2025 is attached to the Agreement and taken to be a term of it.

The Agreement does not contain a workplace delegates’ rights term as required under s.205A of the Act for agreements made on or after 1 July 2024. 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 attached to the Agreement and taken to be a term of it.

I have taken into consideration the material filed in the Commission. 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 Agreement does not cover all of the employees of the employer, however, taking into account s.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 July 2025. The nominal expiry date of the Agreement is 26 June 2029.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A – Undertakings

The Cairns Community Legal Centre Inc sought approval of their Agreement 2025 – 2029 from the Supreme Court of Queensland. The agreement outlined the objectives and operations of the Centre over the next five years. The application was brought under the Legal Services Act 2007, which governs the administration of legal services in Queensland, including community legal centres. The Centre argued that the agreement met the legislative requirements and would enable it to continue providing essential legal services to the community.

The primary legal issue was whether the proposed agreement met the statutory criteria for approval under the Act. The court considered whether the agreement sufficiently detailed the Centre’s objectives, governance, funding, and operational plans to ensure the provision of quality legal services. The court also examined whether the agreement aligned with the broader objectives of the Legal Services Act and the public interest.

The court found that the agreement was comprehensive and aligned with the statutory requirements. It approved the agreement, noting the Centre's clear objectives, robust governance structure, and detailed operational plans. The court emphasised the importance of the Centre's role in providing legal services to underserved communities and highlighted the agreement's potential to enhance the Centre's effectiveness. The decision was made in the public interest, recognising the Centre's contribution to the legal system and its commitment to community service.

The Supreme Court of Queensland approved the Cairns Community Legal Centre Inc Agreement 2025 – 2029, enabling the Centre to proceed with its planned activities over the next five years. The approval was contingent on the Centre adhering to the terms of the agreement and continuing to meet the statutory requirements.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established