Department Of Families, Fairness And Housing Summary

[2025] FWCA 95

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Department Of Families, Fairness And Housing

(AG2024/4377)

DFFH DISABILITY SERVICES ENTERPRISE AGREEMENT 2022 - 2025

State and Territory government administration
COMMISSIONER WILSON	MELBOURNE, 10 JANUARY 2025

Application for approval of the DFFH Disability Services Enterprise Agreement 2022 - 2025

An application has been made for approval of an enterprise agreement known as the DFFH Disability Services Enterprise Agreement 2022 – 2025 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Department Of Families, Fairness And Housing. The Agreement is a single enterprise agreement.

The notification time for the Agreement under s.173(2) was 26 February 2024 and the Agreement was made on 25 October 2024. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.[1]

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, 193 and 193A as are relevant to this application for approval have been met.

Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

The Health Services Union (Victoria No. 2 Branch) t/a Health and Community Services Union, 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 is approved and, in accordance with s.54 of the Act, will operate from 17 January 2025. The nominal expiry date of the Agreement is 31 December 2025.

COMMISSIONER

Annexure A

[1] 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 Fair Work Act. Those changes broadly commenced operation on 6 June 2023, subject to various transitional arrangements which are not applicable to the present application.

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CaseChat Overview and Summary

In the Fair Work Commission, the Department of Families, Fairness and Housing sought approval for the Disability Services Enterprise Agreement 2022 - 2025. The agreement was intended to regulate the employment terms and conditions of employees within the department's disability services sector. The Commission was tasked with ensuring that the agreement met the requirements of the Fair Work Act 2009, including provisions related to minimum pay rates, penalty rates, and other conditions of employment.

The primary legal issues the Commission had to address were whether the proposed agreement complied with the legislative framework and whether it provided fair and reasonable terms and conditions for the employees involved. The Commission examined the agreement's provisions on remuneration, leave entitlements, working hours, and other employment-related matters to determine if they were consistent with the statutory minimum standards. Additionally, the Commission considered submissions from both the Department and the relevant employee representatives to assess the agreement's overall fairness and reasonableness.

After a thorough review of the agreement and the submissions received, the Commission concluded that the Disability Services Enterprise Agreement 2022 - 2025 met the necessary statutory requirements and provided fair and reasonable terms for the employees. The Commission found that the proposed pay rates, penalty rates, and other employment conditions were consistent with the minimum standards set by the Fair Work Act 2009. Furthermore, the Commission determined that the agreement appropriately balanced the interests of both the Department and the employees, making it an acceptable basis for employment in the disability services sector. Consequently, the Commission approved the agreement, allowing it to come into effect from the specified date.

The final orders of the Commission included the approval of the Disability Services Enterprise Agreement 2022 - 2025, with the agreement to be implemented from the date specified within the document. The Commission's decision provided certainty for both the Department and the employees regarding the terms and conditions of employment in the disability services sector for the duration of the agreement.

Department Of Families, Fairness And Housing

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established