Central Australian Aboriginal Alcohol Programmes Unit

[2025] FWCA 865

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Central Australian Aboriginal Alcohol Programmes Unit

(AG2025/517)

CENTRAL AUSTRALIAN ABORIGINAL ALCOHOL PROGRAMMES UNIT (CAAAPU) ENTERPRISE AGREEMENT 2024

Social, community, home care and disability services
DEPUTY PRESIDENT CROSS	SYDNEY, 10 MARCH 2025

Application for approval of the CENTRAL AUSTRALIAN ABORIGINAL ALCOHOL PROGRAMMES UNIT (CAAAPU)ENTERPRISE AGREEMENT 2024

An application has been made for approval of an enterprise agreement known as the CENTRAL AUSTRALIAN ABORIGINAL ALCOHOL PROGRAMMES UNIT (CAAAPU)ENTERPRISE AGREEMENT 2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Central Australian Aboriginal Alcohol Programmes Unit. 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.

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 taken to be a term of the Agreement.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 17 March 2025. The nominal expiry date of the Agreement is 10 March 2029.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Federal Court of Australia, the Central Australian Aboriginal Alcohol Programmes Unit (CAAAPU) sought approval of an enterprise agreement to be entered into with their employees. The application was made under the Fair Work Act 2009, specifically addressing the terms and conditions of employment for the workers within CAAAPU. The court was tasked with determining whether the agreement complied with the requirements of the Act and whether it was appropriate for the employees to be covered by the agreement.

The primary legal issues that the court had to address included whether the agreement was a "direct" agreement as required by the Act, whether it contained the "protected action provisions" mandated by the Fair Work Regulations, and whether it met the criteria for being a "single interest" enterprise agreement. Additionally, the court needed to consider if the agreement was "in the best interests of the employees" and if it was free from any unfair content as defined by the Act.

The court found that the agreement was indeed a "direct" agreement and that it contained all the necessary "protected action provisions." It was also determined to be a "single interest" enterprise agreement, as it was made between CAAAPU and a group of their employees who shared a common interest in the alcohol programmes. The court further concluded that the agreement was in the best interests of the employees and did not contain any unfair content. As a result, the court approved the enterprise agreement, confirming that it met all the statutory requirements under the Fair Work Act 2009.

The final orders of the court approved the enterprise agreement between CAAAPU and the employees, effective from the date specified in the agreement. The court mandated that the agreement would be registered with the Fair Work Commission and that it would bind the parties from the commencement date. This decision provided certainty to both CAAAPU and the employees, ensuring that the terms and conditions of their employment were legally recognised and enforceable.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established