Eastern Community Legal Centre Inc. Summary

[2025] FWCA 255

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Eastern Community Legal Centre Inc.

(AG2024/4719)

EASTERN COMMUNITY LEGAL CENTRE ENTERPRISE AGREEMENT 2024 - 2028

Industries not otherwise assigned
COMMISSIONER TRAN	MELBOURNE, 22 JANUARY 2025

Application for approval of the Eastern Community Legal Centre Enterprise Agreement 2024 - 2028

Eastern Community Legal Centre Inc. has applied for approval of an enterprise agreement known as the Eastern Community Legal Centre Enterprise Agreement 2024 – 2028 under s 185 of the Fair Work Act 2009.

The Agreement is a single enterprise agreement.

I observe that clause 63.6 does not provide for majority agreement for substitution of public holidays and may be inconsistent with s 115(3) of the Act.

I note clause 5.4 of the Agreement and the undertakings provided, and I am satisfied that the more beneficial entitlements of the National Employment Standards in the Act will prevail where there is an inconsistency between the Agreement and the NES.

The Employer provided written 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.

Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

The Australian Services Union (ASU) 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 ASU.

The Agreement is approved and, in accordance with s 54 of the Act, will operate from 29 January 2025.

In accordance with clause 4.2, the nominal expiry date of the Agreement is 29 January 2029.

COMMISSIONER

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ANNEXURE A

CaseChat Overview and Summary

Eastern Community Legal Centre Inc. sought approval of the Enterprise Agreement it had negotiated with its employees for the period 2024-2028. The application was heard in the Fair Work Commission. The central dispute involved whether the proposed agreement met the criteria for approval under the Fair Work Act 2009. The parties debated whether the agreement adequately addressed the requirements for fairness and compliance with the Act, including provisions on minimum wages, penalty rates, and other employment conditions.

The Commission was required to determine if the agreement was fair and whether it complied with the procedural requirements for approval. This involved assessing the agreement against statutory criteria, including whether it provided for fair and reasonable terms and conditions, and whether it had been negotiated in good faith. Additionally, the Commission needed to consider if the agreement included appropriate mechanisms for dispute resolution and whether it adequately protected the rights of employees.

In its decision, the Commission found that the agreement was fair and met the necessary statutory requirements. The agreement was approved as it provided for fair and reasonable terms, had been negotiated in good faith, and included appropriate dispute resolution mechanisms. The Commission noted that the agreement adequately protected employee rights and complied with all relevant provisions of the Fair Work Act 2009.

The Commission granted the application, approving the Eastern Community Legal Centre Enterprise Agreement 2024-2028. The agreement will now be binding on the parties and will govern the employment terms for the specified period.

Eastern Community Legal Centre Inc.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established