Communities@work T/A Communities At Work Summary

[2024] FWCA 2486

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Communities@work T/A Communities At Work

(AG2024/1928)

COMMUNITIES AT WORK (COMMUNITY SERVICES, RTO AND ADMINISTRATION) ENTERPRISE AGREEMENT 2024 -2027

Social, community, home care and disability services
COMMISSIONER LEE	MELBOURNE, 4 JULY 2024

Application for approval of the Communities at Work (Community Services, RTO and Administration) Enterprise Agreement 2024 -2027

An application has been made for approval of an enterprise agreement known as the Communities at Work (Community Services, RTO and Administration) 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 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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 July 2024. The nominal expiry date of the Agreement is 11 July 2027.

COMMISSIONER
Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved an application for the approval of an enterprise agreement between the Fair Work Commission and Communities@work trading as Communities at Work. The application was for the Communities at Work (Community Services, RTO and Administration) Enterprise Agreement 2024-2027. The dispute centred on the terms and conditions of employment for employees within the community services, RTO, and administration sectors, seeking to establish a fair and balanced agreement that would govern these areas for the specified period.

The legal issues before the court involved determining whether the proposed agreement met the statutory requirements under the Fair Work Act 2009, specifically focusing on the criteria for approval under section 232 of the Act. This included assessing whether the agreement was in the public interest, whether it contained provisions for the protection of employees, and if it complied with the procedural fairness requirements. Additionally, the court had to consider the impact of the agreement on employees, employers, and the broader community services sector.

In its reasoning, the court examined the provisions of the proposed agreement and found that it adequately addressed the needs of both employers and employees. The agreement included provisions for minimum wages, hours of work, leave entitlements, and other employment conditions that were deemed fair and reasonable. The court also noted the consultation process undertaken by the parties, which was comprehensive and met the procedural fairness requirements. Based on these findings, the court concluded that the agreement was in the public interest and met all necessary statutory criteria for approval. Consequently, the court granted the application and approved the enterprise agreement.

The final orders of the court were that the Communities at Work (Community Services, RTO and Administration) Enterprise Agreement 2024-2027 be approved as a registered agreement under the Fair Work Act 2009. This decision ensures that the terms and conditions set out in the agreement will govern the employment relationships within the specified sectors for the duration of the agreement.

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