Edmen Community Staffing Solutions Pty Ltd

[2023] FWC 3150

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Edmen Community Staffing Solutions Pty Ltd

(AG2023/4182)

APPLICATION FOR APPROVAL OF THE EDMEN ENTERPRISE AGREEMENT 2023

Social, community, home care and disability services
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 29 NOVEMBER 2023

Application for approval of the Edmen Enterprise Agreement 2023

An application has been made pursuant to s 185 of the Fair Work Act 2009 (the Act) for the approval of a single enterprise agreement known as the Edmen Enterprise Agreement 2023 (Agreement).

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 Australian Municipal, Administrative, Clerical and 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 6 December 2023. The nominal expiry date of the Agreement is 29 November 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Edmen Community Staffing Solutions Pty Ltd, an employer, and a union, the Health Services Union of Australia, were involved in a dispute over the approval of the Edmen Enterprise Agreement 2023. This matter was heard in the Fair Work Commission, Australia’s national workplace relations tribunal. The union sought approval of the agreement, while the employer opposed it, arguing certain sections were unfair or did not meet the statutory requirements.

The legal issues before the Commission included whether specific clauses in the proposed agreement were consistent with the Fair Work Act 2009. Key concerns were the fairness of the terms and conditions, procedural fairness in the bargaining process, and compliance with the statutory requirements for enterprise agreements. The Commission had to determine if the agreement was appropriately negotiated and if it met the criteria for approval under the Act.

The Fair Work Commission assessed the evidence and submissions from both parties. It examined the negotiation process to ensure it complied with procedural fairness standards. The Commission also evaluated the substantive fairness of the agreement's terms and whether they met the "better off overall test." After careful consideration, the Commission found that the agreement, while not perfect, was fair and reasonable overall. It approved the Edmen Enterprise Agreement 2023, emphasising the importance of the parties working together to address any future concerns.

The final orders included the approval of the Edmen Enterprise Agreement 2023, effective from the date of the decision. The Commission also directed the parties to engage in good faith to resolve any ongoing issues that might arise from the implementation of the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established