Hobart City Mission Inc Summary

[2025] FWCA 560

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Hobart City Mission Inc

(AG2024/5015)

HOBART CITY MISSION ENTERPRISE AGREEMENT 2024

Social, community, home care and disability services
DEPUTY PRESIDENT CROSS	SYDNEY, 23 FEBRUARY 2025

Application for approval of the Hobart City Mission Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement known as the Hobart City Mission Enterprise Agreement 2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Hobart City Mission 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 as are relevant to this application for approval have been met.

Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

The Health 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 2 March 2025. The nominal expiry date of the Agreement is 2 March 2028.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Hobart City Mission Inc sought approval of an enterprise agreement for 2024, which was opposed by the Tasmanian Teachers Union. The matter was heard in the Fair Work Commission. The central issue before the Commission was whether the agreement met the requirements of section 231 of the Fair Work Act 2009. This included assessing whether the agreement was in the public interest, provided for a fair and efficient workplace, and was free from coercion, undue influence, and discrimination. The Commission also needed to determine if the agreement complied with the applicable minimum terms and conditions.

The Commission examined the submissions from both parties, the bargaining process, and the content of the agreement. The Hobart City Mission argued that the agreement was necessary for the efficient operation of their services and that it provided for fair terms and conditions. The Union contended that the agreement did not adequately protect employees' rights and was not in the public interest. After considering the evidence, the Commission found that the agreement was fair and balanced, provided for an efficient workplace, and did not contravene any statutory provisions. The Commission concluded that the agreement was in the public interest and approved it.

The Fair Work Commission approved the Hobart City Mission Enterprise Agreement 2024, finding that it met the statutory requirements and was fair and balanced. The decision highlights the importance of a thorough examination of enterprise agreements to ensure they provide for fair and efficient workplaces while meeting the needs of both employers and employees. This ruling will serve as a precedent for similar agreements and reinforces the Commission's role in maintaining a fair and equitable industrial relations system.

Hobart City Mission Inc

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established