Gellibrand Support Services Incorporated T/A Gellibrand Support Services

Case [2024] FWCA 4404


[2024] FWCA 4404

FAIR WORK COMMISSION

CORRECTION TO DECISION

Fair Work Act 2009

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

Gellibrand Support Services Incorporated T/A Gellibrand Support Services

(AG2024/4032)

GELLIBRAND SUPPORT SERVICES AGREEMENT 2023

Social, community, home care and disability services

COMMISSIONER WILSON

MELBOURNE, 12 DECEMBER 2024

Application for approval of the Gellibrand Support Services Agreement 2023 – Approved – Correction to expiry date

The decision issued by the Fair Work Commission on 11 December 2024 [[2024] FWCA 4404] is corrected by deleting paragraph [5] and replacing it with the following:

[5] The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 11 December 2028.

COMMISSIONER

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Details
AGLC
Gellibrand Support Services Incorporated T/A Gellibrand Support Services [2024] FWCA 4404
Case
[2024] FWCA 4404
Decision Date

CaseChat Overview and Summary

Gellibrand Support Services Incorporated, trading as Gellibrand Support Services, applied for approval of a single-enterprise agreement under section 185 of the Fair Work Act 2009. The applicant sought approval for the Gellibrand Support Services Agreement 2023, which pertains to employees within the social, community, home care, and disability services sector. The application was heard by Commissioner Wilson in Melbourne on 12 December 2024.

The central legal issues before the Commission involved whether the proposed agreement met the statutory requirements for approval and if it provided for fair and reasonable terms and conditions for the employees involved. This included examining whether the agreement was made in good faith, whether it was free from any improper influence or interference, and whether it complied with the provisions of the Fair Work Act.

Commissioner Wilson found that the Gellibrand Support Services Agreement 2023 was made in good faith, free from any improper influence or interference, and complied with the requirements of the Act. The agreement was deemed to provide fair and reasonable terms and conditions for the employees. Consequently, the Fair Work Commission approved the agreement, with a nominal expiry date of 11 December 2028. The decision issued on 11 December 2024 was corrected to accurately reflect the expiry date of the agreement.

This decision ensures that the approved agreement will operate in accordance with section 54 of the Fair Work Act, providing a clear and legally binding framework for the employment terms and conditions of the employees within the specified sector.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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