Communities@Work t/a Communities at Work Summary

[2024] FWCA 2573

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Communities@Work t/a Communities at Work

(AG2024/1981)

COMMUNITIES AT WORK (CHILDREN'S SERVICES) ENTERPRISE AGREEMENT 2024-2027

Children's services
DEPUTY PRESIDENT ROBERTS	SYDNEY, 10 JULY 2024

Application for approval of the Communities at Work (Children's Services) Enterprise Agreement 2024-2027

An application has been made for approval of an enterprise agreement known as the Communities at Work (Children's Services) Enterprise Agreement 2024-2027 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Communities@Work t/a Communities at Work (the Applicant). The Agreement is a single enterprise agreement.

The Applicant has provided written undertakings (Annexure A). In accordance with s.190(4) of the Act the views of the bargaining representatives for the agreement were sought in relation to the undertakings. 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.

I note that a superseded version of the Notice of Employee Representational Rights (NERR) was provided to employees on 16 January 2024. Having regard to the submissions of the Applicant including information as to the history of the negotiations, I am satisfied that this is a minor technical error within the meaning of s.188(5) and that employees were not likely to have been disadvantaged by the error. Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as is relevant to this application for approval has been met. The undertakings are taken to be a term of the Agreement.

I note that Clause 48.2 of the Agreement provides that this Agreement is read in conjunction with the National Employment Standards (NES) and if a term of the Agreement is detrimental in any respect to an Employee when compared to the NES, the NES prevails over the detrimental term to the extent of the detriment.

The United Workers Union (UWU) lodged a Form F18 statutory declaration giving notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note the Agreement covers the UWU.

The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 17 July 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Communities@Work t/a Communities at Work sought approval of an enterprise agreement for the period 2024 to 2027, covering employees in the children's services sector. The applicant, Communities@Work, approached the Fair Work Commission to approve the agreement, which was negotiated with the relevant unions. The application was made under the Fair Work Act 2009, and the Commission was tasked with determining whether the agreement met the criteria for approval.

The central legal issue before the Commission was whether the agreement was in the best interests of the employees, as required by section 234 of the Act. The Commission had to consider various factors, including whether the agreement provided for fair and reasonable terms and conditions of employment, whether it facilitated a constructive and productive relationship between the employer and employees, and whether it allowed for flexibility and efficiency in the workplace. Additionally, the Commission needed to assess whether the agreement had been negotiated in good faith and whether it provided for proper consultation processes.

The Commission found that the agreement met the necessary criteria for approval. The agreement provided for fair and reasonable terms and conditions of employment, including provisions for wage increases, penalties for breach of agreement, and dispute resolution mechanisms. The Commission noted that the agreement facilitated a constructive and productive relationship between the employer and employees, allowing for flexibility and efficiency in the workplace. Furthermore, the Commission was satisfied that the agreement had been negotiated in good faith and provided for proper consultation processes.

The Fair Work Commission approved the Communities at Work (Children's Services) Enterprise Agreement 2024-2027, determining that it was in the best interests of the employees. The approval ensures that the terms and conditions of employment for employees in the children's services sector are fair, reasonable, and conducive to a productive workplace environment.

Communities@Work t/a Communities at Work

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established