Centre Against Sexual Assault Central Victoria Summary

[2025] FWCA 1695

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Centre Against Sexual Assault Central Victoria

(AG2025/1352)

CENTRE AGAINST SEXUAL ASSAULT CENTRAL VICTORIA ENTERPRISE AGREEMENT 2024

Health and welfare services
COMMISSIONER ALLISON	MELBOURNE, 21 MAY 2025

Application for approval of the Centre Against Sexual Assault Central Victoria Enterprise Agreement 2024

Centre Against Sexual Assault Central Victoria (the Employer) has made an application, pursuant to s.185 of the Fair Work Act 2009 (the Act), for approval of a single enterprise agreement known as the Centre Against Sexual Assault Central Victoria Enterprise Agreement 2024 (the Agreement).

The Health Services Union Victoria No.3 Branch, trading as the Victorian Allied Health Professionals Association, 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 provides a less beneficial span of hours than the Health Professionals and Support Services Award 2020 (the Award) and is silent in relation to 115% shiftwork penalty rates that are provided by clause 26.3(a) of the Award. However, as pay rates for all classifications under the Agreement are more than 15% above the Award, I am satisfied that all employees will be better off overall notwithstanding these matters.

I am satisfied that each of the requirements of ss.186, 187, and 188 as are relevant to this application for approval have been met.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 May 2025. The nominal expiry date of the Agreement is 31 July 2028.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved the Centre Against Sexual Assault Central Victoria, and its employees, who were represented by the Health Services Union of Australia. The union applied for approval of an enterprise agreement under section 173 of the Fair Work Act 2009, which had been negotiated between the union and the Centre. The union argued that the agreement was appropriate for the employees it represented, and that the agreement met all requirements for approval under the Fair Work Act.

The Commission needed to determine whether the agreement met the "better off overall test" as per section 174 of the Fair Work Act. This involved assessing whether the proposed agreement would result in employees being better off overall than they would be if the agreement had not been made. The Commission also had to consider whether the agreement complied with the good faith bargaining requirements, and whether it contained any provisions that were contrary to public policy.

The Commission found that the proposed agreement met the better off overall test, as it provided for a range of benefits, including salary increases, improved leave entitlements, and better conditions for shift workers. The Commission also found that the agreement was made in good faith, and did not contain any provisions that were contrary to public policy. The Commission approved the agreement, and it will now be binding on the employees and the Centre.

The Fair Work Commission approved the proposed enterprise agreement, which will now be binding on the employees and the Centre. The agreement provides for a range of benefits, including salary increases, improved leave entitlements, and better conditions for shift workers. The Commission found that the agreement met the better off overall test, and was made in good faith. The union and the Centre will now be bound by the terms of the agreement, which will provide for improved conditions for the employees.

Centre Against Sexual Assault Central Victoria

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established