Family Centred Limited T/A Family Centred Support Services

[2023] FWCA 747

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Family Centred Limited T/A Family Centred Support Services

(AG2023/276)

Family Centred Enterprise Agreement 2023

Social, community, home care and disability services
COMMISSIONER SIMPSON	BRISBANE, 9 MARCH 2023

Application for approval of the Family Centred Enterprise Agreement 2023

An application has been made for approval of an enterprise agreement known as the Family Centred Enterprise Agreement 2023 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Family Centred Limited T/A Family Centred Support Services (the Applicant). The Agreement is a single enterprise agreement.

The Applicant has 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.

Noting clause 6 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

The Australian Workers’ Union (AWU) 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 that the Agreement covers the AWU.

The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Family Centred Limited T/A Family Centred Support Services brought an application to the Fair Work Commission seeking approval of the Family Centred Enterprise Agreement 2023. The application was made in accordance with the Fair Work Act 2009. The dispute involved the terms and conditions of employment for the employees of Family Centred Limited, which operates support services for families.

The central legal issue before the Fair Work Commission was whether the agreement met the requirements for direct registration under the Fair Work Act. Specifically, the Commission needed to determine if the agreement provided for a fair and efficient workplace, included appropriate dispute resolution mechanisms, and did not unfairly discriminate against any employee. Additionally, the Commission had to consider whether the agreement was made in good faith and if it was free from any coercion.

In reaching its decision, the Fair Work Commission examined the contents of the agreement, the process by which it was negotiated, and the context of the workplace. The Commission found that the agreement included provisions that met the legislative criteria for direct registration. It provided for a fair and efficient workplace, included appropriate mechanisms for resolving disputes, and did not unfairly discriminate against any employee. Furthermore, the Commission was satisfied that the agreement was made in good faith and was free from any coercion.

The Fair Work Commission approved the Family Centred Enterprise Agreement 2023 for direct registration. The Commission's decision was based on its determination that the agreement met all the statutory requirements for direct registration under the Fair Work Act. The agreement was therefore approved, and it became effective from the date of the Commission's decision.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established