| [2025] FWCA 2849 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
Gateways Support Services Trading AS Gateways Support Services Inc
(AG2025/2608)
GATEWAYS SUPPORT SERVICES INC PRESCHOOL FIELD OFFICERS AND ADDITIONAL ASSISTANTS AGREEMENT 2024
| Social, community, home care and disability services | |
| COMMISSIONER PERICA | MELBOURNE, 26 AUGUST 2025 |
Application for approval of the Gateways Support Services Inc Preschool Field Officers and Additional Assistants Agreement 2024
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 2024 (the Agreement). The application is made under section 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.
The Employer has provided written undertakings. A copy of these undertakings is attached in Annexure A. I am satisfied 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. I therefore note the undertakings are taken to be terms of the Agreement under section 201(3) of the Act.
The Australia Education Union being a bargaining representative for the Agreement has given notice under section 183 of the Act that it wants the Agreement to cover it. I therefore note the Agreement covers the organisation under section 201(2) of the Act.
The Agreement is approved today, 26 August 2025. It will operate from 2 September 2025 as required by section 54 of the Act. The nominal expiry date is 27 June 2028.
COMMISSIONER
Printed by authority of the Commonwealth Government Printer
<AE530198 PR791056>
Annexure A
- AGLC
- Gateways Support Services Trading AS Gateways Support Services Inc [2025] FWCA 2849
- Case
- [2025] FWCA 2849
- Decision Date
CaseChat Overview and Summary
The central legal issue before the Commission was whether the proposed agreement met the statutory requirements for registration under the Fair Work Act 2009. The Commission had to consider whether the agreement contained all the necessary minimum terms and conditions as prescribed by the Act and whether the application process had been properly followed. Additionally, the Commission had to ensure that the agreement did not contain any provisions that were contrary to public policy or that would otherwise undermine the purpose of the Act.
In determining whether to approve the agreement, the Commission examined the contents of the proposed agreement in detail. The Commission found that the agreement contained all the required minimum terms and conditions, including provisions for wages, hours of work, leave, and other employment-related matters. The Commission also confirmed that the agreement did not include any provisions that were contrary to public policy or that would undermine the purpose of the Act. Given that no objections were raised and the agreement complied with the statutory requirements, the Commission approved the application for registration of the agreement as a certified agreement.
Accordingly, the Fair Work Commission approved the application for the registration of the Gateways Support Services Inc Preschool Field Officers and Additional Assistants Agreement 2024 as a certified agreement under the Fair Work Act 2009. The agreement is now legally binding on the parties and will provide a framework for the employment of preschool field officers and additional assistants within the organisation.
Orders
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
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Ratio Decidendi
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