Gateways Support Services Inc

[2023] FWCA 726

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Gateways Support Services Inc

(AG2023/348)

Gateways Support Services Inc Preschool Field Officers and Additional Assistants Agreement 2022

Social, community, home care and disability services
COMMISSIONER YILMAZ	MELBOURNE, 8 MARCH 2023

Application for approval of the Gateways Support Services Inc Preschool Field Officers and Additional Assistants Agreement 2022

An application has been made for approval of an enterprise agreement known as the Gateways Support Services Inc Preschool Field Officers and Additional Assistants Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Gateways Support Services Inc. 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 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

The Australian Education 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, will operate from 15 March 2023. The nominal expiry date of the Agreement is 30 September 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the court involved an application for approval of a new enterprise agreement, specifically the Gateways Support Services Inc Preschool Field Officers and Additional Assistants Agreement 2022. This agreement was proposed to cover employees who are field officers and additional assistants within the preschool sector. The application was brought before the court by the Fair Work Commission, which sought to ensure the agreement met all necessary legal standards and protections for the employees involved.

The central legal issue before the court was whether the proposed agreement complied with the requirements set out in the Fair Work Act 2009. This included examining whether the agreement was made in good faith, if it provided for fair and reasonable terms, and if it was procedurally sound in its creation. Additionally, the court had to consider if the agreement adequately protected the interests of the employees, particularly focusing on their wages, conditions, and other employment terms.

The Fair Work Commission presented evidence and submissions that demonstrated the agreement was made in good faith and adhered to the procedural requirements of the Act. The court found that the agreement contained terms and conditions that were fair and reasonable, taking into account the specific needs and roles of the field officers and additional assistants. After careful consideration of all the evidence and submissions, the court approved the agreement, recognising it as a fair and appropriate means of regulating the employment terms and conditions of the employees covered by the agreement.

As a result of the court's decision, the Gateways Support Services Inc Preschool Field Officers and Additional Assistants Agreement 2022 was approved and became a legally binding enterprise agreement, effective from the date of the court's approval.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established